Date: 20001116
Docket: IMM-6043-99
BETWEEN:
SABIR A. Q. PATEL
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR JUDGMENT AND JUDGMENT
DAWSON J.
[1] I cannot find that the visa officer committed any reviewable error in her assessment of Mr. Patel's application for permanent residence.
[2] It was argued that the visa officer took into account irrelevant considerations when considering whether Mr. Patel met the regulatory definition of "entrepreneur", and that the visa officer did not apply or consider the proper test for "significant contribution to the economy". The visa officer's refusal letter, when read as a whole, does not support those submissions.
[3] It was argued that the visa officer made an unreasonable finding of fact when she found that Mr. Patel had submitted no proof of managerial experience. In fact, the visa officer concluded, as stated in the refusal letter, that "I am unable to conclude that you have the ability to provide active and on-going participation in the management of the business or commercial venture". This was a conclusion open to the visa officer on the evidence.
[4] Finally, it was argued that the visa officer denied Mr. Patel procedural fairness because she failed to indicate to him her concern regarding the source of Mr. Patel's U.S. funds in Canada. The evidence of Mr. Patel fails to establish a denial of procedural fairness where his own affidavit reflects that the visa officer discussed with Mr. Patel her concerns about the negligible income the business Mr. Patel operated in the United States was generating.
[5] The application for judicial review will be dismissed. Counsel posed no question for certification.
JUDGMENT
[6] The application for judicial review is dismissed.
"Eleanor R. Dawson"
Judge
Toronto, Ontario
November 16, 2000
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
| COURT NO: IMM-6043-99 |
| STYLE OF CAUSE: SABIR A. Q. PATEL |
Applicant
| - and - |
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
| DATE OF HEARING: WEDNESDAY, NOVEMBER 15, 2000 |
| PLACE OF HEARING: TORONTO, ONTARIO |
REASONS FOR JUDGMENT
| AND JUDGMENT BY: DAWSON J. |
| DATED: THURSDAY, NOVEMBER 16, 2000 |
| APPEARANCES BY: Mr. Max Chaudhary |
| For the Applicant |
| Mr. Marcel Larouche |
| For the Respondent |
| SOLICITORS OF RECORD: Chaudhary Law Office |
Barristers & Solicitors
405-255 Duncan Mill Road
North York, Ontario
M3B 3H9
| For the Applicant |
Morris Rosenberg
| Deputy Attorney General of Canada |
| For the Respondent |
FEDERAL COURT OF CANADA
Date: 20001116
Docket: IMM-6043-99
BETWEEN:
| SABIR A. Q. PATEL |
Applicant
| - and - |
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
| REASONS FOR JUDGMENT |
| AND JUDGMENT |