Date: 20011108
Docket: IMM-2589-00
Neutral citation: 2001 FCT 1223
BETWEEN:
YING QUAN LU
Applicant,
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION,
Respondent.
[1] The Applicant is a citizen of the People's Republic of China who on December 23, 1998, applied to emigrate to Canada as a permanent resident in the investor class. On March 22, 2000 the Applicant was interviewed by a Visa Officer, the result being the following finding made in the refusal letter of April 25, 2000:
In my opinion you do not meet this definition of investor. Based on my interview with you at which we discussed your previous business experience and the way you accumulated your wealth, and on my review of the supporting documentation you provided, I am not satisfied that you have operated, controlled or directed a business. I am also not satisfied that you have accumulated your net worth through your own endeavours, as you are vague about the source of funds and have no proof to confirm your statements. Because you have not complied with all requirements of the Immigration Act andRegulations, you are inadmissible to Canada.
[2] I am satisfied on the face of the record, and in particular the Visa Officer's CAIPS notes, that the Visa Officer approached the interview and her deliberations with a suspicious mind unwarranted by the evidence. To do so is a reviewable error.
ORDER
Accordingly, I set aside the Visa Officer's decision and refer this matter to another Visa Officer for redetermination.
"Douglas Campbell"
Judge
Winnipeg, Manitoba
November 8, 2001
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF SOLICITORS AND SOLICITORS OF RECORD
DOCKET: IMM-2589-00
STYLE OF CAUSE: Ying Quan Lu v. The Minister of Citizenship and Immigration
PLACE OF HEARING: Winnipeg, Manitoba
DATE OF HEARING: November 8, 2001
ORDER AND REASONS FOR ORDER OF
THE HONOURABLE MR. JUSTICE CAMPBELL
DATED NOVEMBER 8, 2001
APPEARANCES
Mira Thow for the Applicant
Aliyah Rahaman for the Respondent
Department of Justice
301 - 310 Broadway
Winnipeg, MB R3C 0S6
SOLICITORS OF RECORD
Zaifman Associates for the Applicant
5th floor, 191 Lombard Ave
Winnipeg, MB R3B 0X1
Morris Rosenberg for the Respondent
Deputy Attorney General of Canada