Ng v. Canada (Minister of Citizenship and Immigration), docket IMM-5105-97

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