Date: 20001207
Docket: IMM-3263-00
BETWEEN:
KANG, CHUNG YU
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
CAMPBELL, J.
[1] In the present case the applicant applied for permanent residence status as an investor which, among other essentials, requires him to prove that he has "successfully operated, controlled, or directed a business".
[2] The form constituting the applicant's application for permanent residence requests information respecting the applicant's business activities for only the last 4 years. In this period the applicant had limited business success. However, the applicant's affidavit filed in support of the present application provides ample evidence that, apart from the recent history, the applicant has 30 years of business experience in which his activities generated a great deal of wealth.
[3] In rejecting the applicant's application for permanent residence, the visa officer limited his consideration of the applicant's business activities to the recent history only, and, consequently, made a decision which is without regard to the complete picture of the applicant's situation. I find that the cause of the visa officer's focus on only the recent history was the result of the limited request for information, which it is agreed, is a limit merely set for convenience. In my opinion, the setting of this arbitrary limit works to the applicant's manifest prejudice, and, therefore, I find the visa officer's decision is made in reach of due process.
[4] Accordingly, I set aside the visa officer's decision and refer this matter to another visa officer for redetermination with the direction that the redetermination be on the basis of the applicant's complete business history.
(Sgd.) "Douglas Campbell"
Judge
December 7, 2000
Vancouver, British Columbia
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
| DOCKET: IMM-3263-00 |
| STYLE OF CAUSE: Kang, Chung Yu |
v.
MCI
| PLACE OF HEARING: Vancouver, British Columbia |
| DATE OF HEARING: December 7, 2000 |
| REASONS FOR ORDER AND ORDER OF CAMPBELL, J. |
| DATED: December 7, 2000 |
APPEARANCES:
| Mr. Kenneth Specht For the Applicant |
| Ms. Helen Park For the Respondent |
SOLICITORS OF RECORD:
Sahmet & Company
Barristers and Solicitors
| Vancouver, BC For the Applicant |
Morris Rosenberg
Deputy Attorney
| General of Canada For the Respondent |