Goh v. Canada (Minister of Citizenship and Immigration), docket IMM-3157-97

Date: 19981201

Docket: IMM-3157-97

BETWEEN:

     CHOONG FOOK GOH

     Applicant

     - and -

     THE MINISTER OF CITIZENSHIP AND IMMIGRATION

     Respondent

     REASONS FOR ORDER

ROTHSTEIN J.

[1]      The applicant is dissatisfied with the exercise of discretion by the visa officer. However, that is not a basis for the Court interfering with the decision. It is true the letter of the visa officer denying the applicant could have been worded more clearly. However, it conveys the necessary message.

[2]      I am not persuaded that the visa officer erred in law or committed any breach of the rules of procedural fairness, nor did she ignore evidence relevant to the applicant's management experience and his ability to provide active management of a commercial venture in Canada. She did not improperly fetter her discretion or take account of irrelevant factors.

[3]      In the circumstances of this case the visa officer had no obligation to go further than she did in providing the applicant with an opportunity to disabuse her of her concerns that the applicant did not meet the definition of entrepreneur in the Immigration Act. There is no obligation on the visa officer to provide a running account to an applicant of her concerns with any specific answers or impressions he has given.

[4]      The judicial review is dismissed.

"Marshall Rothstein"

Judge

TORONTO, ONTARIO

December 1, 1998

     FEDERAL COURT OF CANADA

     Names of Counsel and Solicitors of Record

COURT NO:                          IMM-3157-97

STYLE OF CAUSE:                  CHOONG FOOK GOH

        

                             and -

THE MINISTER OF CITIZENSHIP AND

                             IMMIGRATION

DATE OF HEARING:                  MONDAY, NOVEMBER 30, 1998

PLACE OF HEARING:                  TORONTO, ONTARIO

REASONS FOR ORDER BY:              ROTHSTEIN, J.

DATED:                          TUESDAY, DECEMBER 1, 1998

APPEARANCES:                      Mr. Bill Wong

                            

                                 For the Applicant

                            

                             Ms. Lori Hendricks

                                 For the Respondent

SOLICITORS OF RECORD:              Bill Wong

Barrister & Solicitor

180 Dundas Street West

                             Suite 1600

Toronto, Ontario

M5G 1Z8

                            

For the Applicant

                              Morris Rosenberg

                             Deputy Attorney General

                             of Canada

                                 For the Respondent

---

                              FEDERAL COURT OF CANADA

                                 Date: 19981201

                        

         Docket: IMM-3157-97

                             Between:

CHOONG FOOK GOH

     Applicant

                             - and -

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

                        

     Respondent

                    

                        

            

                             REASONS FOR ORDER