Date: 19980227
Docket: IMM-1658-97
BETWEEN:
MUZAMMAL HUSSAIN
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
(Delivered from the Bench at Toronto, Ontario
on Thursday February 26, 1998, as edited.)
ROTHSTEIN, J.:
[1] I cannot find that there was any error committed by the visa officer in this case. It is argued that the applicant was not given an opportunity to address the concerns of the visa officer but the affidavit evidence is to the contrary.
[2] I would observe that in cases in which an applicant is applying for immigration to Canada as an entrepreneur, one of the criteria he must satisfy is that he has the ability to provide active and ongoing participation in the management of the business. In this case it appears that the applicant brought documents such as cancelled cheques, utility bills, telephone bills, bank statements and other miscellaneous documents to the interview with the visa officer. While the documents he brought might prove that he was involved in a business, they prove nothing about his ability to run a business. Indeed it is not unfair for a visa officer to infer from the nature of the documents submitted, a lack of sophistication on the part of an applicant that is inconsistent with the normal attributes of entrepreneurship.
[3] The judicial review is dismissed.
"Marshall E. Rothstein"
Judge
Toronto, Ontario
February 27, 1998
FEDERAL COURT OF CANADA
Date: 19980227
Docket: IMM-1658-97
BETWEEN:
MUZAMMAL HUSSAIN
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND
IMMIGRATION
Respondent
REASONS FOR ORDER
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
DOCKET: IMM-1658-97
STYLE OF CAUSE: MUZAMMAL HUSSAIN
- and -
| THE MINISTER OF CITIZENSHIP AND |
| IMMIGRATION |
DATE OF HEARING: FEBRUARY 26, 1998
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER BY: ROTHSTEIN, J.
DATED: FEBRUARY 27, 1998
APPEARANCES: Mr. Joseph Farkas
For the Applicant
Mr. Jeremiah Eastman
For the Respondent
SOLICITORS OF RECORD: Mr. Joseph Farkas
Barrister and Solicitor
3089 Bathurst Street
Suite 309
North York, Ontario
M6A 2A4
For the Applicant
George Thomson
Deputy Attorney General
of Canada
For the Respondent