Date: 20020822
Docket: IMM-6096-00
Neutral citation: 2002 FCT 902
BETWEEN:
MOHAMMAD GHOLI AFROOGH
Applicant
- and -
THE MINISTER OF
CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
ROTHSTEIN, J.A. (ex officio)
[1] This is a judicial review of decision of a visa officer which denied the applicant's application for a permanent resident visa in the self-employed category.
[2] The applicant, a citizen of Iran, was living in Lybia. He applied for permanent residence to be self-employed as a commercial consultant in oil field technology. The application was refused because the visa officer was of the opinion that the applicant did not demonstrate that he had the ability to establish a viable business in Canada that would create an employment opportunity for himself and make a significant contribution to the economy of Canada. In his affidavit, the visa officer says that while the applicant appeared to have experience in the oil industry in Lybia and Iran, he was concerned about the viability of the applicant's business plan for Canada.
[3] The applicant says the visa officer took into account irrelevant considerations and failed to take into account relevant considerations. The irrelevant considerations were that the applicant had never visited Canada and that he had no knowledge of Canada's labour and tax laws, and further that he had no knowledge of Canada's market for oilfield products.
[4] The relevant consideration which the applicant says the visa officer ignored was his extensive experience in the oilfield supply industry in North Africa and the Middle East.
[5] I do not think the applicant's allegations are supported by the record. I would agree that if the applicant's business plan was found deficient solely because he had limited or no knowledge of Canada's labour and tax system or because he had not visited Canada, it might indicate that undue emphasis was placed on considerations that did not go to the heart of the business plan. However, these types of considerations cannot be said to be irrelevant. As pointed out by Reid, J in Hao v. Minister of Citizenship and Immigration (2000), 184 F.T.R. 246 at para. 26, an applicant's knowledge of the Canadian business environment is relevant to an assessment of the seriousness of his intentions and his ability to carry out those intentions. If a business plan is vague, it is an indication that the applicant may not have the ability to establish a viable business in Canada.
[6] Here the applicant was asked questions about where he would locate, his knowledge of competition, suppliers, prices and shipping costs for the products he proposed to market or advise on, in addition to questions about taxes and labour laws. The questions were not irrelevant. The answers he gave were vague and did not satisfy the visa officer.
[7] Contrary to the applicant's submission, the visa officer did take the applicant's background and experience in North Africa and the Middle East into account. However, that experience did not satisfy the visa officer that the applicant's business plan for Canada was viable.
[8] Not being satisfied that the visa officer took into account irrelevant considerations or failed to take into account relevant considerations, it would not interfere with the visa officer's decision. I would dismiss the judicial review.
"Marshall Rothstein"
Judge
Toronto, Ontario
August 22, 2002
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
DOCKET: IMM-6096-00
STYLE OF CAUSE: MOHAMMAD GHOLI AFROOGH
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND
IMMIGRATION
Respondent
PLACE OF HEARING: TORONTO, ONTARIO
DATE OF HEARING: THURSDAY, AUGUST 22, 2002
REASONS FOR ORDER BY: ROTHSTEIN J.A.
DATED: THURSDAY, AUGUST 22, 2002
APPEARANCES BY: Mr. Max Chaudhary
For the Applicant
Mr. Stephen H. Gold
For the Respondent
SOLICITORS OF RECORD: Max Chaudhary
Chaudhary Law Office
405-255 Duncan Mill Rd
North York, Ontario
M3B 3H9
For the Applicant
Morris Rosenberg
Deputy Attorney General of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date:20020822
Docket: IMM-6096-00
BETWEEN:
MOHAMMAD GHOLI AFROOGH
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
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