Abdolhos v. Citizenship and Immigration (Minister of)
Court headnote
Abdolhos v. Citizenship and Immigration (Minister of) Court (s) Database Federal Court Decisions Date 2002-10-23 Neutral citation 2002 FCT 1105 File numbers IMM-4904-00 Decision Content Date: 20021023 Docket: IMM-4904-00 Neutral citation: 2002 FCT 1105 Toronto, Ontario, Wednesday, the 23rd day of October,2002 PRESENT: The Honourable Mr. Justice Campbell BETWEEN: KADKHODAEI ELIADERANI ABDOLHOS Applicant - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER [1] This is an application for judicial review of the decision of a visa officer, dated August 22, 2000, refusing the Applicant's application for permanent residence to Canada under the investor category as defined in the Immigration Regulations, 1978. [2] The Visa Officer refused the application after determining that the Applicant did not meet the definition of investor for reasons as follows: I am not satisfied that you have accumulated by your own endeavours at least $500,000. Although documents on file may show that you have accumulated this amount, the documents have been confirmed by you to have been completed without your knowledge and which misrepresent the facts. There are insufficient documents which can be relied upon to determine your wealth accumulated through your own endeavours. (Applicant's Record, p.3) [3] The evidence put before the Visa Officer concerned real estate as well as business assets. The Visa Officer reached her decision as quoted only on the evidence concern…
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Abdolhos v. Citizenship and Immigration (Minister of) Court (s) Database Federal Court Decisions Date 2002-10-23 Neutral citation 2002 FCT 1105 File numbers IMM-4904-00 Decision Content Date: 20021023 Docket: IMM-4904-00 Neutral citation: 2002 FCT 1105 Toronto, Ontario, Wednesday, the 23rd day of October,2002 PRESENT: The Honourable Mr. Justice Campbell BETWEEN: KADKHODAEI ELIADERANI ABDOLHOS Applicant - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER [1] This is an application for judicial review of the decision of a visa officer, dated August 22, 2000, refusing the Applicant's application for permanent residence to Canada under the investor category as defined in the Immigration Regulations, 1978. [2] The Visa Officer refused the application after determining that the Applicant did not meet the definition of investor for reasons as follows: I am not satisfied that you have accumulated by your own endeavours at least $500,000. Although documents on file may show that you have accumulated this amount, the documents have been confirmed by you to have been completed without your knowledge and which misrepresent the facts. There are insufficient documents which can be relied upon to determine your wealth accumulated through your own endeavours. (Applicant's Record, p.3) [3] The evidence put before the Visa Officer concerned real estate as well as business assets. The Visa Officer reached her decision as quoted only on the evidence concerning the business assets of perhaps between four and nine million dollars. [4] Under cross-examination on her affidavit filed with respect to the present application, the Visa Officer admitted that she did not review or take into account evidence of the real property assets valued at almost three million dollars (Applicant's Application Record, p. 89). I find this failure constitutes a reviewable error since the decision was not made on the totality of highly relevant evidence. As a result, in my opinion, the error renders the Visa Officer's decision patently unreasonable. ORDER Accordingly, the decision is set aside and the matter is referred back to a different visa officer for redetermination. There is no certified question. "Douglas R. Campbell" J.F.C.C. FEDERAL COURT OF CANADA TRIAL DIVISION Names of counsel and solicitors of record DOCKET: IMM-4904-00 STYLE OF CAUSE: KADKHODAEI ELIADERANI ABDOLHOS Applicant - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent PLACE OF HEARING: TORONTO, ONTARIO DATE OF HEARING: WEDNESDAY, SEPTEMBER 18, 2002 REASONS FOR ORDER AND ORDER BY: CAMPBELL J. DATED: WEDNESDAY, OCTOBER 23, 2002 APPEARANCES BY: Mr. Cecil L. Rotenberg For the Applicant Ms. Milka Visnic For the Respondent SOLICITORS OF RECORD: Cecil L. Rotenberg, Q.C. Barristers & Solicitors United Centre 808-255 Duncan Mill Road Toronto, Ontario M3B 3H9 For the Applicant Morris Rosenberg Deputy Attorney General of Canada For the Respondent FEDERAL COURT OF CANADA Date:20021023 Docket: IMM-4904-00 BETWEEN: KADKHODAEI ELIADERANI ABDOLHOS Applicant - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER
Source: decisions.fct-cf.gc.ca