CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Permanent Residents |
Bondar v. Canada (Minister of Citizenship and Immigration)
IMM-25-01
2002 FCT 879, Rothstein J.A. (ex officio)
19/8/02
5 pp.
Judicial review of visa officer's denial of application for permanent resident visa in entrepreneur category--Applicant, citizen of Russia, sole shareholder of Canadian company established in 1996, that sold Canadian-made clothing to customers in Russia, other countries formerly part of Soviet Union--Invested approximately $500,000 in business--Applicant arguing visa officer misinterpreted definition of "entrepreneur" in Immigration Regulations, 1978, as requiring applicant to provide evidence of intention, ability to establish business in Canada after being granted visa--Whether visa officer ignored applicant's existing business in assessing whether had intention, ability to establish business in Canada--Facts seem to satisfy requirement applicant demonstrate intention to establish business in Canada--Unreasonable for visa officer to conclude applicant lacked ability to establish business in Canada because had not done research into possible new clients in order to expand, improve business--Visa officer gave applicant's existing business virtually no weight in assessment of applicant's ability to establish business in Canada, thereby committed reviewable error--Application allowed--Immigration Regulations, 1978, SOR/78-172, s. 2(1) "entrepreneur" (as am. by SOR/83-837, s. 1).