Awwad v. Canada ( Minister of Citizenship and Immigration )
IMM-1003-98
Teitelbaum J.
26/1/99
10 pp.
Application for judicial review (certiorari and mandamus) of visa officer's decision rejecting application for permanent residence in Canada under self-employed category as printing press franchiser-Applicant, citizen of Jordan also seeking declaration visa officer's decision erroneous in rejecting applicant's compassionate and humanitarian (CH) application-Applicant's husband, who has two wives, landed in Canada with her and three children-Children live with husband and first wife-Applicant submitting visa officer erred in placing too much emphasis on lack of business experience and in concluding she did not qualify under definition of self-employed person, and in taking into consideration irrelevant considerations such as fact applicant husband's second wife-Also submitting denied fairness by visa officer-Application denied-Clear from officer's decision she did not solely consider applicant's lack of business experience as self-employed person-Consideration of application given on CH grounds-In light of commercial nature of business (applicant intended to create and operate printing company in Nova Scotia), officer did not place too much emphasis on applicant's lack of business experience-Moreover, Court will not intervene where visa officer exercised discretion in good faith and in accordance with principles of natural justice and where irrelevant factors not considered-With respect to irrelevant considerations, matter of family arrangement raised by applicant and, as general proposition, visa officer may consider whether admission to Canada of parties to bigamous or polygamous marriage would be contrary to Immigration Act and law of Canada-In any event, applicant's family arrangement not determinative of decision to reject her application.