Sebai v. Canada ( Minister of Citizenship and Immigration )
IMM-4565-98
Sharlow J.
12/10/99
8 pp.
Applicant citizen of Libya-Application for permanent residence as entrepreneur denied on two grounds-One based on definition of "entrepreneur" in Immigration Regulations, s. 2(1)-Applicant trained in Libya as lawyer, employee of Government of Libya for 35 years-Told visa officer earned commissions by providing business advice to Italian companies selling grain products to Libya-Nature of advice not explained-Visa officer inferring such activities illegal in Libya, "business advice" actually influence peddling-Visa officer's conclusion applicant did not meet definition of "entrepreneur" not perverse, unreasonable-Applicant's government, business experience not establishing ability, intention to participate in management of two Canadian companies-Visa officer not giving applicant opportunity to respond to concern Immigration Act, s. 19(2)(a.1)(ii) might apply to him-Breach of visa officer's duty of procedural fairness-Breach of duty of procedural fairness, natural justice normally vitiates decision, but exceptions-Visa officer entitled to believe activity characterized as "business advice" illegal under Libyan law-Factual conclusion, combined with absence of evidence of other business experience, justified visa officer's determination applicant did not meet definition of "entrepreneur"-Application dismissed-Immigration Regulations, 1978, SOR/78-172, s. 2(1) "entrepreneur" (as am. by SOR/79-851, s. 1; 83-837, s. 1)-Immigration Act, R.S.C., 1985, c. I-2, s. 19(2)(a.1)(ii) (as enacted by R.S.C., 1985 (3rd Supp.), c. 30, s. 3; S.C. 1992, c. 49, s. 11).