CITIZENSHIP AND IMMIGRATION
Status in Canada
Permanent Residents
Judicial review of denial of application for permanent resident visa—Applicant transferred shares owned in business operated in U.S. to friend, but retained control over day-to-day management of business—Immigration and Refugee Protection Regulations, SOR/2002-227, s. 88 definition of “business experience” including control of percentage of equity in business— Meaning of “control”—Huang v. Canada (Minister of Citizenship and Immigration), 2006 FC 507 applied—Test whether applicant had legal or de jure control over shares—But purpose of legislation (identification of applicants able to establish, operate economically viable enterprise) probably better achieved by considering whether applicant controlling percentage of equity in qualifying business in fact—Application dismissed—Question certified as to meaning of “control” in s. 88(1).
Rahim v. Canada (Minister of Citizenship and Immigration) (IMM-1835-06, 2007 FC 310, Mactavish J., judgment dated 22/3/07, 15 pp.)