Date: 20011127
Docket: IMM-1946-00
Neutral citation:2001 FCT 1303
Toronto, Ontario, Tuesday the 27th day of November, 2001
PRESENT: The Honourable Mr. Justice Campbell
BETWEEN:
HO YUN KEE
Applicant
- and -
THE MINISTER
OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
CAMPBELL J.:
[1] The Applicant is a primary school teacher from Hong Kong who applied for permanent residence in the self-employed person category; his intended business was to operate a private Chinese language tutor centre to teach Chinese as a second language.
[2] The Visa Officer's rejection letter contained the primary finding as follows:
Although your lack of experience as a self-employed person is not an automatic bar precluding you from successfully establishing a business or creating an employment opportunity for yourself in Canada, your lack of a proven track record places greater significance on a realistic plan of action to create an employment opportunity for yourself. However, you have not showed to my satisfaction, following your explanatory trip to Canada, that you could recruit enough students to become successfully established as a self employed person in your proposed occupation or business in Canada.
[3] The business plan which was, in effect, found to be unrealistic was provided by the Applicant as follows:
I plan to be a private instructor of Chinese languages (Putonghua and Cantonese), Arithmetic, Social Science, Handicraft, Track and Field and other sports in Canada on a self-employed basis. At the initial stage, I will concentrate on teaching Grade 1 to 10 students the above subjects. I will also teach Putonghua to adults who would like to learn the language for various reasons. My educational facility will allow school children to learn the above subjects after school and adults to learn Putonghua after work in small classes. I will equip my center with a variety of teaching materials and computers to suit the learning needs of students at different levels.
There are concerns from Chinese parents that their children who migrated with them will forget the culture, history and virtues of their heritage. Soon when those kids grow up in a foreign environment, they will not be able to communicate in Chinese languages. Parents see the need of sending their children to a language center and learn Chinese subjects in view of preserving their heritage. Moreover, due to the growing Sino-Canadian trade especially after China joining World Trade Organization, many Canadians businessmen feel the need to learn Chinese.
I will lease a space in a shopping plaza with plenty of parking spots in a residential area. The purpose of the center has two folds: 1.) To instruct young students especially new immigrants with Chinese languages and other subjects; 2.) To teach students of all age reading, speaking and writing skills in Putonghua and Cantonese. The monthly rate will be $40 for Grade 1 to 7, $50 for Grade 8 to 10 and $50 for adults. I plan to offer my students one free course as an incentive should they complete 12 lessons. I will promote my school through advertisements in Chinese newspapers, distribution of leaflets, Internet web site and cultural associations.
Trip to Canada I made a fact-finding trip to Vancouver last November. I visited several private tutorial centers in shopping malls and studied the program of courses they offered. I noticed that there was no Chinese learning center in Coquiltlam yet. Besides, I met with a public accountant to discuss about bookkeeping and taxation matters. I also consulted a solicitor about forming an institution in Canada. I found the trip very fruitful and I am confident that my plan will succeed.
[4] I find that the conclusion that the Applicant's business plan was not realistic must be based on the evidence before the Visa Officer. Despite an attempt to find that evidence during the course of the hearing of the present case, I am satisfied that there is none.
[5] Indeed, under cross-examination of his affidavit, the Visa Officer, when directly questioned about what was wrong with the methods of recruitment advanced by the Applicant, responded that he did not feel there was something wrong with the methods and further, could not indicate that there would be other methods available to the Applicant. (Cross-examination, June 2, 2000, p.24.) Therefore, I am satisfied that the Visa Officer's primary finding is unfounded.
ORDER
1. Accordingly, I set aside the Visa Officer's decision and refer this matter to a different Visa Officer for re-determination.
"Douglas R. Campbell"
J.F.C.C.
Toronto, Ontario
November 27, 2001
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-1946-00
STYLE OF CAUSE: HO YUN KEE
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
DATE OF HEARING: TUESDAY, NOVEMBER 27, 2001
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER
AND ORDER BY: CAMPBELL J.
DATED: TUESDAY, NOVEMBER 27, 2001
APPEARANCES: Mr. Cecil Rotenberg, Q.C.
For the Applicant
Mr. Martin Anderson
For the Respondent
SOLICITORS OF RECORD: Cecil B. Rotenberg, Q.C.
Barrister & Solicitor
255 Duncan Mill Road
Suite 808
Don Mills, Ontario
M3B 3H9
For the Applicant
Morris Rosenberg
Deputy Attorney General of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 20011127
Docket: IMM-1946-00
Between:
HO YUN KEE
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
AND ORDER
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