Lu v. Canada (Minister of Citizenship and Immigration)
Court headnote
Lu v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2001-11-08 Neutral citation 2001 FCT 1223 File numbers IMM-2589-00 Decision Content Date: 20011108 Docket: IMM-2589-00 Neutral citation: 2001 FCT 1223 BETWEEN: YING QUAN LU Applicant, - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION, Respondent. REASONS FOR ORDER AND ORDER CAMPBELL J. [1] The Applicant is a citizen of the People's Republic of China who on December 23, 1998, applied to emigrate to Canada as a permanent resident in the investor class. On March 22, 2000 the Applicant was interviewed by a Visa Officer, the result being the following finding made in the refusal letter of April 25, 2000: In my opinion you do not meet this definition of investor. Based on my interview with you at which we discussed your previous business experience and the way you accumulated your wealth, and on my review of the supporting documentation you provided, I am not satisfied that you have operated, controlled or directed a business. I am also not satisfied that you have accumulated your net worth through your own endeavours, as you are vague about the source of funds and have no proof to confirm your statements. Because you have not complied with all requirements of the Immigration Act andRegulations, you are inadmissible to Canada. [2] I am satisfied on the face of the record, and in particular the Visa Officer's CAIPS notes, that the Visa Officer approached the interview and her del…
Read full judgment
Lu v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2001-11-08 Neutral citation 2001 FCT 1223 File numbers IMM-2589-00 Decision Content Date: 20011108 Docket: IMM-2589-00 Neutral citation: 2001 FCT 1223 BETWEEN: YING QUAN LU Applicant, - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION, Respondent. REASONS FOR ORDER AND ORDER CAMPBELL J. [1] The Applicant is a citizen of the People's Republic of China who on December 23, 1998, applied to emigrate to Canada as a permanent resident in the investor class. On March 22, 2000 the Applicant was interviewed by a Visa Officer, the result being the following finding made in the refusal letter of April 25, 2000: In my opinion you do not meet this definition of investor. Based on my interview with you at which we discussed your previous business experience and the way you accumulated your wealth, and on my review of the supporting documentation you provided, I am not satisfied that you have operated, controlled or directed a business. I am also not satisfied that you have accumulated your net worth through your own endeavours, as you are vague about the source of funds and have no proof to confirm your statements. Because you have not complied with all requirements of the Immigration Act andRegulations, you are inadmissible to Canada. [2] I am satisfied on the face of the record, and in particular the Visa Officer's CAIPS notes, that the Visa Officer approached the interview and her deliberations with a suspicious mind unwarranted by the evidence. To do so is a reviewable error. ORDER Accordingly, I set aside the Visa Officer's decision and refer this matter to another Visa Officer for redetermination. "Douglas Campbell" Judge Winnipeg, Manitoba November 8, 2001 FEDERAL COURT OF CANADA TRIAL DIVISION NAMES OF SOLICITORS AND SOLICITORS OF RECORD DOCKET: IMM-2589-00 STYLE OF CAUSE: Ying Quan Lu v. The Minister of Citizenship and Immigration PLACE OF HEARING: Winnipeg, Manitoba DATE OF HEARING: November 8, 2001 ORDER AND REASONS FOR ORDER OF THE HONOURABLE MR. JUSTICE CAMPBELL DATED NOVEMBER 8, 2001 APPEARANCES Mira Thow for the Applicant Aliyah Rahaman for the Respondent Department of Justice 301 - 310 Broadway Winnipeg, MB R3C 0S6 SOLICITORS OF RECORD Zaifman Associates for the Applicant 5th floor, 191 Lombard Ave Winnipeg, MB R3B 0X1 Morris Rosenberg for the Respondent Deputy Attorney General of Canada
Source: decisions.fct-cf.gc.ca