CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Permanent Residents |
Luo v. Canada (Minister of Citizenship and Immigration)
IMM-3244-99
2001 FCT 37, Dawson J.
7/2/01
6 pp.
Application for judicial review of visa officer's (VO) decision refusing applicant's application for permanent residence in Canada as investor--Applicant one of founders of textile factory and one of three equal shareholders in venture--Applicant responsible for operation of machinery, labour and production; second shareholder legal representative and general manager; third shareholder sales manager--While applicant met all required financial criteria for immigration as investor, VO not satisfied applicant "successfully operated, controlled or directed business"--Issue whether VO officer erred in law by misinterpreting definition of investor--Application allowed--In Cheng v. Canada (Secretary of State) (1994), 83 F.T.R. 259 (F.C.T.D.), applicant applying as investor responsible for operation of integral, profit-generating, part of business, meeting criteria--In Tsai v. Canada (Minister of Citizenship and Immigration) (1997), 136 F.T.R. 36 (F.C.T.D.), noted that no requirement for applicant in this category to have had sole or final decision-making power in company--VO erred by rejecting application herein on grounds specified in refusal letter--Failed to provide cogent reasons as to why applicant's duties not equivalent to responsibility for operation of integral, profit-generating part of business--Further erred by requiring applicant to have performed responsibilities relating to financial management and tax administration of business.