Iakovlev v. Canada (Minister of Citizenship and Immigration)

IMM-2057-01

2003 FCT 525, Russell J.

28/4/03

14 pp.

Judicial review of decision of visa officer refusing application for permanent residence made by applicant-- Applicant, citizen of Russia, applied for permanent residence as entrepreneur, forwarded application to Canadian Consulate in Buffalo--Intended to invest in hockey rink, school in Canada with Canadian partner who was experienced businessman--Unable to provide details regarding market, location zoning, finances and budget, rink construction, taxes and other technical concerns--Visa Officer feeling applicant's partner would be managing business while applicant would remain mere investor--Refused application on ground applicant lacked ability to undertake investment successfully --"Entrepreneur" defined in Immigration Regulations, 1978, s. 2(1)--Federal Court Act, s. 18.1(4)(d) allowing Court to intervene if determination made in perverse, capricious manner or without regard for material before board, tribunal-- Visa Officer's concern focussed upon applicant's lack of independent research, inability to answer detailed financial, technical questions about project--Equating deficiencies directly with lack of ability on part of applicant to either invest successfully in business or provide active, ongoing participation in management--Such direct connection perverse, capricious--Visa Officer erroneously required applicant to have personal knowledge, to have independently researched, planned business venture--Not requirement of Act--Applicant's lack of independent research, knowledge not indicating inability to successfully establish business in Canada--Irrelevant consideration in context of case--Normal that partner living in Canada, having considerable experience doing business here one to take control of research, planning with respect to general project, details of finance, planning--Management not necessarily involving operational, financial aspects of business--Applicant's proposed role of running hockey, educational side of business fitting under management requirement of definition of entrepreneur-- Application allowed--Immigration Regulations, 1978, SOR/78-172, s. 2(1) "entrepreneur"--Federal Court Act, R.S.C., 1985, c. F-7, s. 18.1 (as enacted by S.C. 1990, c. 8, s. 5; 2002, c. 8, s. 27).