Kong v. Canada ( Minister of Citizenship and Immigration )
IMM-1776-98
Pinard J.
5/1/99
6 pp.
Judicial review of visa officer's refusal of application for permanent residence as "entrepreneur"-Refusal addressing inability to establish business in Canada-Immigration Regulations, 1978, s. 2(1) definition of "entrepreneur" including immigrant intending and having ability to establish, purchase or make substantial investment in business or commercial venture in Canada-Visa officer not inquiring as to whether applicant having ability to purchase or make substantial investment in business when this option clearly indicated on application-Bakhshaee v. Canada (Minister of Citizenship and Immigration), [1998] F.C.J. No. 1002 (T.D.) (QL), holding Regulations, not duty of fairness, imposing duty on visa officer to determine whether conditions of definition met-If evidence submitted with respect to only one of three options, visa officer need not examine other options-Implication from decision: when applicant clearly indicating on application willingness to buy existing business, duty on visa officer to assess such applicant's ability or intent to do so, as intention, ability to purchase business in Canada constituting essential part of definition of "entrepreneur" in Regulations-Application allowed-Immigration Regulations, 1978, SOR/78-172, s. 2 "entrepreneur" (as am. by SOR/83-837, s. 1).