CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Permanent Residents |
Zaheer v. Canada (Minister of Citizenship and Immigration)
IMM-3726-00
2001 FCT 1411, Simpson J.
20/12/01
3 pp.
Judicial review of visa officer's refusal of permanent residence application--Refusal letter stating officer concluded applicant not understanding definition of "entrepreneur" in Immigration Regulations because unable to repeat it after read to him--No nexus between ability to quickly memorize, recite legislative provision and understanding of meaning of provision--In concluding applicant unable to grasp Canadian business principles, officer erred as relied on irrelevant consideration--Refusal letter also stating failure to provide business plan for officer's review, even after wife searching waiting room for it, displaying poor planning--That applicant misplaced written business plan (later located in waiting room and reviewed by officer) not relevant consideration--Officer erred again as relied on irrelevant consideration--Errors material as tainted assessment of application as reinforced by fact that both matters discussed in refusal letter--Application allowed--Immigration Regulations, 1978, SOR/78-172, s. 2 "entrepreneur" (as am. by SOR/83-837, s. 1).