Grube v. Canada ( Minister of Citizenship and Immigration )
IMM-2484-95 / IMM-2532-95
MacKay J.
14/8/96
14 pp.
Application for judicial review of visa officer's decision denying applications for permanent residence of applicants and respective dependants-Applications by Grube, Latvian proposing to work as self-employed ballet coach and choreographer and by Khachatryan, Estonian proposing to work as self-employed music teacher/pianist, both denied, without interviews, on grounds did not provide any formal accounts demonstrating successful business background and failed to establish in position to make significant cultural contibution to Canada-Consent to allowing applications and for reference back for redetermination but counsel unable to agree on whether, and if so what, directions should be given in relation to reconsideration of applications-Visa officer failed to conduct interview required by Regulations-Placed undue emphasis on lack of past business experience as self-employed person-Not sole criterion to be considered and must be considered in light of occupation sought to be undertaken in Canada-Visa officer herein placed undue emphasis on past experience-Also, in case of Khachatryan, visa officer placed undue emphasis on lack of evidence of international reputation-Order applications be reconsidered by different visa officer, considering all relevant factors-Must also consider all evidence submitted by each applicant and not place limit on nature of evidence relating to prior business experience or make unreasonable requirements for business experience and financial resources (or for international reputation or standing) necessary for self-employment in nature of that intended by applicant.