Date: 19990430
Docket: IMM-1931-98
BETWEEN:
JU QUAN WEI
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
(Delivered Orally from the Bench at Toronto,
Ontario on Friday, April 30, 1999)
EVANS J.
[1] Subsection 8(4) of the Immigration Regulations, 1978, S.O.R./78-172 does not make previous self-employment a prerequisite to the issue of a visa to an independent applicant in the self-employed category. In the letter notifying Mr. Wei of her refusal to issue a visa to him as an immigrant in the self-employed category the visa officer stated:
| Furthermore, I am not satisfied that you have operated a successful farming business on a self-employed basis in the People"s Republic of China. |
[2] This statement does not render the officer"s decision erroneous in law because the fact that the applicant has not been self-employed was only one of several factors on which she based her decision. Indeed, the visa officer clearly attached much more importance to the fact that the applicant had acquired no knowledge of the farming business in Canada.
[3] Moreover, it was not unreasonable for the officer not to be satisfied on the evidence before her that the applicant had operated a "successful farming business" in China.
[4] As to the applicant"s allegation that the visa officer denied him the right to procedural fairness by not raising with him one of the bases of her decision, namely, the profitability of the farm, there were conflicting affidavits on what transpired at the interview.
[5] It is not possible in this proceeding to resolve this evidential conflict. And, since the visa officer stated that she raised the issue with the applicant, the applicant has not established a breach of the duty of fairness.
[6] For these reasons, the application for judicial review is dismissed.
"John M. Evans"
J.F.C.C.
TORONTO, ONTARIO
April 30, 1999
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
| COURT NO: IMM-1931-98 |
| STYLE OF CAUSE: JU QUAN WEI |
| - and - |
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
| DATE OF HEARING: FRIDAY, APRIL 30, 1999 |
| PLACE OF HEARING: TORONTO, ONTARIO |
| REASONS FOR ORDER AND ORDER BY: EVANS J. |
DATED: FRIDAY, APRIL 30, 1999
APPEARANCES: Ms. Mary Lam
For the Applicant
Ms. Diane Dagenais
For the Respondent
| SOLICITORS OF RECORD: Mary L.F. Lam |
Barrister & Solicitor
| 808-255 Duncan Mill Road |
| Don Mills, Ontario |
| M3B 3H9 |
| For the Applicant |
Morris Rosenberg
Deputy Attorney General
of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 19990430
Docket: IMM-1931-98
Between:
| JU QUAN WEI |
Applicant
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
REASONS FOR ORDER
| AND ORDER |