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Date: 20030113

Docket: IMM-586-01

Neutral citation: 2003 FCT 26

Toronto, Ontario, Monday the 13th day of January, 2003

PRESENT:      The Honourable Madam Justice Heneghan

BETWEEN:

                                                           BALBIR SINGH SANDAL

Applicant

- and -

THE MINISTER

OF CITIZENSHIP AND IMMIGRATION

Respondent

REASONS FOR ORDER AND ORDER

[1]                 Mr. Balbir Singh Sandal (the "Applicant") applies for judicial review of the decision of Visa Officer Anne Vanden Bosch (the "Visa Officer"), dated December 14, 2000. The Visa Officer denied the Applicant's application for permanent residence in Canada.

[2]                 The Applicant, a citizen of India, submitted his application for permanent residence to the Canadian High Commission in London in March 1999. He included his wife and four children as accompanying dependents. He applied as an "entrepreneur".


[3]                 The Applicant had resided in the United Arab Emirates ("UAE") for more than twenty years prior to seeking admission into Canada. In the UAE, he had worked in the construction business from 1976 to 1986. In 1986, he established a construction business in which he held a 49% interest. Due to a downturn in the construction business, the Applicant changed his business activities to transportation in 1997 and bought trucks to transport goods to nearby countries. When he attended for the interview, the Applicant employed seven workers and operated four second-hand trucks.

[4]                 The Visa Officer found that the Applicant had a bona fide business but she rejected his application for permanent residence in Canada because she was not satisfied that he met the definition of an entrepreneur as defined in section 2(1) of the Immigration Regulations, 1978, SOR/78-182, as amended, (the "Regulations"). In her opinion, the Applicant's plans to establish a business in Canada were poorly researched and he was unable to explain how he would make the business feasible in the Canadian marketplace. She also concluded that there would be no significant economic benefit to Canada from the establishment of a trucking business and that the Applicant had not shown that he had the ability to successfully establish a business in Canada.


[5]                 In my opinion, the decision of the Visa Officer is reversible because there is evidence on the record concerning the Applicant's intention to explore the possibility of purchasing a franchise in Canada. This evidence was not considered by the Visa Officer. She erred by failing to consider this evidence which was relevant, having regard to the constituent elements of the definition of "entrepreneur" in section 2(1) of the Regulations.

[6]                 The application for judicial review is allowed and the matter is remitted to a different visa officer for determination in accordance with the law. There is no question for certification.

  

                                                                            ORDER

The application for judicial review is allowed and the matter is remitted to a different visa officer for determination in accordance with the law. There is no question for certification.

   

       "E. Heneghan"

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                                                                                                                                                          J.F.C.C.                        


                        FEDERAL COURT OF CANADA

             Names of Counsel and Solicitors of Record

DOCKET:                                              IMM-586-01

STYLE OF CAUSE:              BALBIR SINGH SANDAL

Applicant

- and -

THE MINISTER OF CITIZENSHIP AND

IMMIGRATION

Respondent

PLACE OF HEARING:                         TORONTO, ONTARIO

DATE OF HEARING:                           WEDNESDAY, JANUARY 8, 2003

REASONS FOR ORDER

AND ORDER BY:                                  HENEGHAN J.

DATED:                                                    MONDAY, JANUARY 13, 2003

APPEARANCES BY:                              Mr. M. Max Chaudhary

For the Applicant

Mr. Tamrat Gebeyehu

For the Respondent

                                                                                                                                                                       

SOLICITORS OF RECORD:                 M. Max Chaudhary

                                                                      Barrister & Solicitor

18 Wynford Drive

Suite 707

North York, Ontario

M3C 3S2

For the Applicant             

Morris Rosenberg

Deputy Attorney General of Canada


For the Respondent

FEDERAL COURT OF CANADA

                                                            Date:20030113

                 Docket: IMM-586-01

BETWEEN:

BALBIR SINGH SANDAL

Applicant

- and -

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

                                  Respondent

                                                   

REASONS FOR ORDER

AND ORDER

                                                   

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