Date: 20011220
Docket: IMM-1350-00
Neutral citation: 2001 FCT 1414
BETWEEN:
JAGDISH SINGH
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
[1] This is an application for judicial review of a decision of a visa officer dated February 18, 2000, in which the Applicant was refused admission to Canada under the entrepreneur category.
[2] The Applicant is a citizen of India and has been residing in Hong Kong since 1985. At the time of the interview, the Applicant was employed full-time as a supervisor at the Indo Hong Kong International Finance Limited Bank in Hong Kong and worked part-time as a doorman in a night club. The Applicant has a net worth of over $500,000 C.A.D. and planned to purchase and operate a liquor store in Calgary, Alberta.
[3] The Applicant had general information regarding businesses for sale and had received written support of his application to establish a business from the Business Immigration Program of the Alberta government. Included in the application materials was a business proposal for opening a liquor store.
[4] In refusing the application, the Visa Officer determined that the Applicant had not met the definition of entrepreneur. The Immigration Regulations, 1978, define "entrepreneur" as follows:
"entrepreneur" means an immigrant
(a) who intends and has the ability to establish, purchase or make a substantial investment in a business or commercial venture in Canada that will make a significant contribution to the economy and whereby employment opportunities will be created or continued in Canada for one or more Canadian citizens or permanent residents, other than the entrepreneur and his dependants, and
(b) who intends and has the ability to provide active and on going participation in the management of the business or commercial venture
« entrepreneur » désigne un immigrant
(a) qui a l'intention et qui est en mesure d'établir ou d'acheter au Canada une entreprise ou un commerce, ou d'y investir une somme importante, de façon à contribuer de manière significative à la vie économique et à permettre à au moins un citoyen canadien ou résident permanent, à part l'entrepreneur et les personnes à sa charge, d'obtenir ou de conserver un emploi, et
(b) qui a l'intention et est en mesure de participer activement et régulièrement à la gestion de cette entreprise ou de ce commerce
The Visa officer indicated that he was not satisfied that the Applicant could meet either (a) or (b) of the definition.
[5] The Visa Officer failed to provide specific reasons in the refusal letter, but did so in the CAIPS notes as follows:
I tell PI that he did not show to my satisfaction that he has the ability to purchase or establish a business that will create at least one employment opportunity and be actively involved in the management of such business. He has not management experience, and although he has experience as a supervisor, this is at the clerical level. PI did not show to my satisfaction that, through is experience as a bank clerk or clerk supervisor, doorman, barman or otherwise, he acquired the kind of knowledge or experience that one would reasonably expect someone would need in order to successfully manage a business. [Emphasis added]
[6] Although visa officers are entitled to assess an applicant's previous business experience, it is not permissible for this factor to be solely determinative of the issue (Chu v. Canada (Minister of Citizenship and Immigration), [1998] F.C.J. No. 1152 (QL) (F.C.T.D.). In the present case, the Visa Officer's reasons indicate that the decision was solely based on the Applicant's perceived lack of business experience and knowledge. In my opinion, this focus constitutes a reviewable error.
O R D E R
[7] Accordingly, I set aside the Visa Officer's decision and I refer the matter back to another visa officer for redetermination.
"Douglas R. Campbell"
JUDGE
Calgary, Alberta
December 20, 2001
FEDERAL COURT OF CANADA
TRIAL DIVISION
Date: 20011220
Docket: IMM-1350-00
BETWEEN:
JAGDISH SINGH
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: IMM-1350-00
STYLE OF CAUSE: JAGDISH SINGH v. THE MINISTER OF
CITIZENSHIP AND IMMIGRATION
PLACE OF HEARING: CALGARY, Alberta
DATE OF HEARING: Wednesday, December 19, 2001
REASONS FOR ORDER AND ORDER : CAMPBELL, J.
DATED: December 20, 2001
APPEARANCES:
Mr. Satnam S. Aujla FOR APPLICANT
Ms. Tracy J. King FOR RESPONDENT
SOLICITORS OF RECORD:
Mr. Satnam Aujla
Calgary, Alberta FOR APPLICANT
Mr. Morris Rosenberg
Deputy Attorney General of Canada FOR RESPONDENT