Etemadi v. Canada ( Minister of Citizenship and Immigration )
IMM-1685-96
Teitelbaum J.
2/4/97
10 pp.
Application for judicial review of visa officer's dismissal of application for permanent residence on basis not complying with definition of entrepreneur-After review by superior, applicant invited to apply under Investor Category provided he had requisite personal net worth-Application dismissed-Although visa officer's refusal letter remarkably circumspect on what factors of applicant's business background fuelled negative assessment, blanks filled in by superior in letter confirming refusal-As both decisions inextricably linked, and considered as such by applicant, test for fairness on adequacy of reasons met-Although requirement claimant know case against him, including visa officer's doubts and misgivings, any unfairness in interview of limited sort-Also no error in law because visa officer would have made capricious finding without regard to totality of evidence-Specific outcome of visa officer's decision less subject to review than process for arriving at outcome-Outcome arises out of exercise of statutory discretion-Visa officer committed no reviewable error when doubted "transferability" of business skills as "transferability" arguably aspect of applicant's "ability", explicit and integral component of assessment process-Visa officer did not exceed jurisdiction by requiring viable business plan-Business plan important element in visa officer's assessment of applicant's ability, something clearly within visa officer's jurisdiction-Business plan one gauge of applicant's ability through business plan or applicant's presentation of what he thought he could do in Canada.