Federal Court Decisions

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Date: 20020815

                        Docket: IMM-6623-00

                                                                                                                                                                       

                                                                                                                    Neutral citation: 2002 FCT 869

BETWEEN:

CHANG QUAN YU

Applicant

- and -

THE MINISTER OF

CITIZENSHIP AND IMMIGRATION

Respondent

REASONS FOR ORDER

ROTHSTEIN J.A. (ex officio)

[1]                 This is a judicial review of a decision of a visa officer denying the applicant's application

for a permanent resident visa in the entrepreneur category. The applicant proposed to go into the grocery business in Toronto. The visa officer's reasons for refusal were:

1.         The applicant's lack of English leading to difficulty conducting business in Canada.


2.         The applicant's over-reliance on his sister as an interpreter, as his source for suppliers and as a business partner, which spoke poorly of his entrepreneurial skills and called into question his ability to establish a business in Canada.

3.         The applicant's lack of research into his business plan.

4.         The visa officer's uncertainty as to whether the applicant had skills to establish a business.

[2]                 The applicant says that the visa officer's approach was too narrow and ignored the

applicant's extensive business experience in China. He says his reliance on his sister and her ability to assist him should not have been a negative consideration. Finally, he says many immigrants who do not speak English or French have been able to establish successful businesses in Canada.

[3]                 The visa officer took account of the applicant's experience as an engineer in construction

project management but was not convinced it was sufficient to operate a supermarket in the Toronto market. The visa officer also found that the applicant did not provide sufficient evidence of his business experience in China to conclude that he contributed to the successful establishment of a business there. These were relevant considerations and the conclusions reached by the visa officer cannot be said to be unreasonable.


[4]                 As to the applicant's "over-reliance" on his sister, I would agree with the applicant that the presence of his sister in Canada and her willingness and ability to assist him are generally positive considerations. However, they have to be considered in context. When it appeared to the visa officer that the applicant had no experience in his proposed venture and had, at best, only a rudimentary business plan, it was not unreasonable for the visa officer to consider whether the applicant had the entrepreneurial ability to establish the business he proposed. In that context, if the applicant's emphasis in asserting that he had the required entrepreneurial ability was his reliance on his sister, it was not unreasonable for the visa officer to have considered that such reliance was "over-reliance", and that the applicant's ability to establish a successful business was called into question.

[5]                 The applicant places heavy reliance on this Court's decision in Cheng v. Canada (Minister of Citizenship and Immigration) (2001), 13 Imm. L.R. (3d) 28 (F.C.T.D.). I am not satisfied that reliance on Cheng, supra, is apt. In Cheng, supra, the visa officer appears not to have considered the applicant's past record in the same business he proposed to operate in Canada - a restaurant business. In the present case, the applicant's lack of experience in his proposed business - groceries - was taken into account. In Cheng, supra, the visa officer was apparently satisfied that the applicant had the ability to operate a restaurant. In that context, the fact that the applicant intended to work in a restaurant in Canada, perhaps his sister's, before establishing his own restaurant, was found not to be a valid basis to refuse his application. However, in the present case, it was the applicant's reliance on his sister in the context of his having no prior experience in his proposed business that caused the visa officer to consider this to be "over-reliance". This is not the case of an applicant spending a period of time gaining experience in the Canadian environment for a business in which he already has experience. Rather, it seems that it appeared to the visa officer to be an ongoing reliance on someone else to carry on the applicant's business. For this reason, I do not think Cheng, supra, is of assistance to the applicant.


[6]                 Finally, I accept that an inability to speak English or French has not prevented other

immigrants from successfully establishing themselves in Canada. However, an inability to speak English or French cannot be said to be an irrelevant consideration. While it may well be that many of the applicant's potential customers or suppliers would speak his language, it would seem obvious that many people with whom the applicant would have to deal would not speak that language. As the visa officer pointed out, a person in business must be able to communicate to suppliers and others.

[7]                 While another visa officer might have reach a different conclusion on the facts of this case, I cannot say that this visa officer's conclusion was unreasonable.

[8]                 For these reasons, I would deny the application for judicial review.

  

"Marshall Rothstein"            

line

Judge                         

  

August 15, 2002

Toronto, Ontario


FEDERAL COURT OF CANADA

             Names of Counsel and Solicitors of Record

DOCKET:                                              IMM-6623-00

STYLE OF CAUSE:              CHANG QUAN YU

Applicant

- and -

THE MINISTER OF CITIZENSHIP AND

IMMIGRATION

Respondent

PLACE OF HEARING:                         TORONTO, ONTARIO

DATE OF HEARING:                           MONDAY, AUGUST 13, 2002   

REASONS FOR ORDER BY:             ROTHSTEIN J.A.

DATED:                                                    THURSDAY, AUGUST 15, 2002

APPEARANCES BY:                              Mr. Benjamin A. Kranc

For the Applicant

Ms. Deborah Drukarsh

For the Respondent

                                                                                                                                                                       

SOLICITORS OF RECORD:                 Kranc & Associates

Barristers and Solicitors

425 University Avenue

Suite 500

Toronto, Ontario

M5G 1T6

For the Applicant             

Morris Rosenberg

Deputy Attorney General of Canada

For the Respondent


FEDERAL COURT OF CANADA

                         Date:20020815

                Docket: IMM-6623-00

BETWEEN:

CHANG QUAN YU

Applicant

- and -

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

                                  Respondent

                                                   

REASONS FOR ORDER

                                                   

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