Afroogh v. Canada (Minister of Citizenship and Immigration)
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Afroogh v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2002-08-22 Neutral citation 2002 FCT 902 File numbers IMM-6096-00 Decision Content 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 Can…
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Afroogh v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2002-08-22 Neutral citation 2002 FCT 902 File numbers IMM-6096-00 Decision Content 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
Source: decisions.fct-cf.gc.ca