CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Permanent Residents |
Yousefian v. Canada (Minister of Citizenship and Immigration)
IMM-3293-00
2002 FCT 529, Dawson J.
8/5/02
12 pp.
Application for judicial review of visa officer's decision denying applicant's application for permanent residence in Canada in entrepreneur category--Whether visa officer exceeded jurisdiction by requesting funds be transferred to Canada prior to issuance of immigrant visa, making refusal nullity; whether visa officer erred in refusing to approve application for landing--Visa officer notified applicant permanent residence refused on ground money ($100,000, in order to verify that applicant had sufficient funds to establish himself in Canada) had not been transferred from Iran to Canada as requested by visa officer, therefore failing to comply with provisions of Immigration Act, s. 9(3) (requirement applicant answer questions truthfully, and to produce required documentation)--Application allowed-- Requirement to transfer funds in advance of issuance of visa did not overstep parameters of enabling legislation--Given currency restrictions in Iran, requirement of actual transfer of funds permitted under Act as way by which visa officer could be satisfied, on balance, applicant satisfied regulatory definition--Decision showing application not dismissed because visa officer concluded applicant lacked intention or ability to make investment in Canada--Application rejected as applicant said to have failed to comply with Act, s. 9(3)-- However, no evidence before visa officer of untruthfulness; obligation to produce documentation not encompassing demand to transfer funds so as to create document which officer can then demand production of--Instead, officer concluded consequence of applicant's failure to transfer funds within specified time made applicant inadmissible--Visa officer ought to have assessed application to determine ability and intent of applicant to make investment--By failing to assess application against relevant criteria, visa officer committed reviewable error--As to application to extend time to bring application for judicial review, convincing evidence applicant always intended to challenge decision, that Minister will not be prejudiced by extension, and application strong one which Court would otherwise be prepared to grant-- Interests of justice served by granting requested extension-- Immigration Act, R.S.C., 1985, c. I-2, s. 9(3).