Date: 19980707
Docket: IMM-5105-97
BETWEEN:
FOOK YEUNG NG
Applicant
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
DÉCARY, J.:
[1] The applicant argues, essentially, that the visa officer erred in law by importing into the definition of "entrepreneur" in section 2 of the Immigration Regulations, 1978 a requirement of minimal investment and of net worth, with respect to part a) of the definition, and a requirement of overall management with respect to part b).
[2] With respect to part a), it is my view that the visa officer came very close to importing some of the requirements for "investor" into the requirements for "entrepreneur". However, I need not dwell on the issue as I have reached the conclusion that she made no reviewable mistake in her finding with respect to part b). She did not base her decision on the fact that the applicant would not be involved in the overall management of the restaurant. Rather, she found that because of his lack of experience, interest and knowledge and because of his business history, the applicant did not satisfy her that he had the ability to provide active and ongoing participation in the management of the restaurant. These are factors that a visa officer may take into consideration when deciding whether an applicant meets the requirements of part b) of the definition of "entrepreneur".
[3] This application for judicial review will be dismissed.
[4] I agree with counsel that this is not a matter for certification.
"Robert Décary"
Judge
Toronto, Ontario
July 7, 1998
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-5105-97
| STYLE OF CAUSE: FOOK YEUNG NG |
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
DATE OF HEARING: JULY 7, 1998
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER BY: DÉCARY, J.
DATED: JULY 7, 1998
APPEARANCES:
Mr. Daniel Kleiman
For the Applicant
Ms. Susan Nucci
For the Respondent
SOLICITORS OF RECORD:
Daniel Kleiman
439 University Avenue
Suite 780
Toronto, Ontario
M5G 1Y8
For the Applicant
George Thomson
Deputy Attorney General
of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 19980707
Docket: IMM-5105-97
Between:
| FOOK YEUNG NG |
Applicant
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
REASONS FOR ORDER