Tsai v. Canada ( Minister of Citizenship and Immigration )
IMM-3079-96
Pinard J.
2/10/97
4 pp.
Entrepreneur-Application for judicial review of visa officer's refusal of application for permanent residence in Canada in investor category on ground applicant did not meet definition of investor as did not successfully operate, control or direct business or commercial undertaking-Applicant had been one of three senior managers operating on consensus basis-Applicant contending visa officer imported requirement he have unfettered operational control into definition of investor-Application allowed-Application of Cheng v. Canada (Secretary of State) (1994), 25 Imm. L.R. (2d) 162 (F.C.T.D.), holding visa officer could not import additional requirements into criteria for qualifying for investor program, namely, operation, or responsibility for operation, of company as whole-Definition of investor not requiring applicant to have sole or final decision-making power in company-Fact management style of corporation based upon consensus decision-making not necessarily meaning applicant did not have significant responsibility in company-In fact, evidence disclosing applicant one of only three persons making final decisions with respect to overall direction of company.