Digests

Turcinovica v. Canada (Minister of Citizenship and Immigration)

IMM-3591-00

2002 FCT 164, Dawson J.

13/2/02

14 pp.

Application for judicial review of visa officer's decision refusing application for permanent residence in Canada in self-employed category as insurance agent--Before application for permanent residence in Canada, applicant came from Latvia to United States and worked there from 1997 to 2000 as financial service representative for Metropolitan Life in New York, selling life insurance and working as account representative for people who wanted to invest in things like mutual funds--Worked on commission basis, earning US$25,000 annually--Issues whether visa officer erred in that assessment not in accordance with Regulations; failed to consider existence of positive discretion--Application dismissed--No error in visa officer's consideration of factors listed in Regulations-- Even though visa officer erred by concluding insurance or investment salesperson remunerated on commission basis can never be self-employed immigrant, did not err in finding proposed business would not constitute significant benefit to Canadian economy--Did not err in finding if applicant's earnings in Canada similar to earnings in U.S., would not be significant benefit to Canadian economy--No indication earnings would be significantly higher in Canada-- Applicant did not present any business plan or forecast to visa officer and could not explain how she intended to triple income in Canada--Visa officer's conclusion proposed business would not be significant contribution to Canadian economy not unreasonable--As to exercise of positive discretion, absent request by applicant, or facts suggesting some good reason why unit of assessment determination would not properly reflect chance of applicant's successful establishment in Canada, visa officer has no general duty to consider exercise of positive discretion under Regulations-- Immigration Regulations, 1978, SOR/78-172.