Digests

Kletsov v. Canada (Minister of Citizenship and Immigration)

IMM-4999-00

2001 FCT 1076, Nadon J.

2/10/01

12 pp.

Application for judicial review of visa officer's decision rejecting applicant's request for permanent residence--Applicant had applied for Quebec selection certificate in business person category and investor sub-category--Applicant alleges he sent all relevant documentation concerning origin of his assets and transferred $350,000 to trust account, as required by relevant Quebec regulations--In February 1999, Immigration Québec issued selection certificate in favour of applicant--Visa officer rejected application for permanent residence on ground applicant had not produced necessary documentation to establish origin of his assets ($872,699)--Application dismissed--Although Immigration Québec issued selection certificate, visa officer still authorized to request supporting documentation in order to verify source of applicant's assets and then incumbent upon applicant to prove his admission to Canada would not be contrary to law--Under Canada-Québec Accord, clear that Quebec has exclusive jurisdiction over selection and Canada has exclusive jurisdiction over admissibility; however, neither spirit nor letter of Accord precluding federal immigration authorities from verifying origin of applicant's assets in order to be able to determine whether applicant should be granted admission to Canada; both provincial and federal authorities may examine source of applicant's funds, former for purpose of selection, latter for purpose of admissibility: Biao v. Canada (Minister of Citizenship and Immigration), [2000] 2 F.C. 348; affd. [2001] F.C.J. No. 338--On other hand, evidence sufficient to allow visa officer to conclude that applicant had not established legal origin of his assets.