Koo v. Canada ( Minister of Citizenship and Immigration )
IMM-1431-97
Muldoon J.
1/6/98
10 pp.
Application for judicial review of visa officer's (VO) decision refusing applicant's application for permanent residence as investor-Applicant employed as sales manager of medical laboratory equipment in China for Inchcape JDH Ltd.-Personal net worth of approximately $ 1,300,000-VO refused application on basis not satisfied applicant's position at Inchcape JDH consistent with level of responsibility required in "operating, directing or controlling business" (definition of "investor" in Immigration Regulations, 1978)-Applicant sent letter to VO giving further explanation of responsibilities and asking reconsideration of application under "business category"-Letter not brought to attention of VO before letter of refusal sent to applicant-Whether VO erred in determining applicant not coming within definition of "investor"-Whether VO breached duty of fairness by not considering letter sent by applicant when making decision-Application allowed-Applicant does not have to own business to qualify as investor-VO must assess qualifications of applicant to determine whether applicant's responsibilities amount to "operating, directing or controlling" business; not whether responsibilities amount to "operating, directing or controlling" entire business in which applicant employed-VO erred by failing to assess whether applicant's responsibilities consistent with responsibilities required in controlling a business; instead VO focussed on whether responsibilities amounted to controlling Inchcape JDH Ltd.-VO did not err in not considering letter as letter merely reiteration of facts already known-Not case in which to award costs as no evidence decision made in bad faith: negligence perhaps: Federal Court Immigration Rules, R. 22-Applicant's request for costs failing, but just barely-Federal Court Immigration Rules, 1993, SOR/93-22, R. 22.