Date: 20000622
Docket: IMM-933-98
BETWEEN:
WOO HYOUNG CHO
Applicant
- and -
THE MINISTER OF
CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
(Delivered from the Bench at Toronto, Ontario
on Wednesday, June 21, 2000)
HENEGHAN J.
[1] This is an application for judicial review of a decision rendered by of Sara Trillo (the "visa officer"), wherein the visa officer refused the application of Woo Hyoung Cho (the "Applicant") for permanent residence in Canada.
[2] The Applicant had applied as an entrepreneur-manager of a business. He intended to establish a computer related business upon arrival in Canada. He was also assessed as a computer after sales maintenance person. His application was refused.
[3] In her refusal letter, the visa officer determined that the Applicant lacked the ability and the funds to operate a profitable business in Canada. She determined that the Applicant did not meet the definition of "Entrepreneur" as included in the Immigration Regulations. The Applicant challenges the conclusions of the visa officer and says she erroneously imported the element of profitability in her assessment of him as an entrepreneur.
[4] Furthermore, the Applicant argues that the visa officer ignored relevant documentary evidence and made contradictory findings of fact. Having read the material, and having heard the submissions of counsel, I do not conclude that the visa officer failed in determining that the Applicant had insufficient funds in order to establish a business in Canada, nor do I conclude that the visa officer committed any other reviewable error.
[5] Based on the material before her, the visa officer"s conclusion were reasonably opened to her and in the result this application for judicial review is dismissed.
"E. Heneghan"
J.F.C.C.
Toronto, Ontario
June 22, 2000
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
| COURT NO: IMM-933-98 |
| STYLE OF CAUSE: WOO HYOUNG CHO |
- and -
THE MINISTER OF
CITIZENSHIP AND IMMIGRATION
| DATE OF HEARING: WEDNESDAY, JUNE 21, 2000 |
| PLACE OF HEARING: TORONTO, ONTARIO |
| REASONS FOR ORDER BY: HENEGHAN J. |
DATED: THURSDAY, JUNE 22, 2000
| APPEARANCES BY: Jegan N. Mohan |
| For the Applicant |
| Leena Jaakkimainen |
| For the Respondent |
| SOLICITORS OF RECORD: Mohan & Mohan |
Barristers & Solicitors
3300 McNicoll Avenue
Suite 225
Scarborough, Ontario
M1V 5J6
| For the Applicant |
Morris Rosenberg
Deputy Attorney General of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 20000622
Docket: IMM-933-98
BETWEEN:
| WOO HYOUNG CHO |
Applicant
- and -
THE MINISTER OF
CITIZENSHIP AND IMMIGRATION
Respondent
| REASONS FOR ORDER |