Date: 19980724
Docket: IMM-5098-97
BETWEEN:
RUDOLF ZIRNITIS
SVETLANA ZIRNITE
RUDOLF ZIRNITIS JR.
Applicants
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
CAMPBELL, J.
[1] Respecting the visa officer's decision denying the applicant's application for permanent residence as an "entrepreneur", there is an admitted gross error in the visa officer's finding of the gross sales of the applicant's business. I find this error is significant as it affected the visa officer's assessment of the credibility of the applicant's evidence, and therefore, constitutes a reviewable error.
[2] Accordingly, the visa officer's decision is set aside, and the matter is referred to another visa officer for redetermination.
"Douglas R. Campbell"
Judge
Toronto, Ontario
July 24, 1998
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-5098-97
| STYLE OF CAUSE: RUDOLF ZIRNITIS ET AL. |
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
DATE OF HEARING: JULY 24, 1998
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER BY: CAMPBELL, J.
DATED: JULY 24, 1998
APPEARANCES:
Mr. Dan Miller
For the Applicants
Mr. Stephen Gold
For the Respondent
SOLICITORS OF RECORD:
Dan Miller
Barrister & Solicitor
2200 - 121 King Street West
Toronto, Ontario
M5H 3T9
For the Applicants
George Thomson
Deputy Attorney General
of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 19980724
Docket: IMM-5098-97
Between:
| RUDOLF ZIRNITIS |
SVETLANA ZIRNITE
RUDOLF ZIRNITIS JR.
Applicants
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
REASONS FOR ORDER