Citizenship and Immigration
Permanent Residents
Appeal from Federal Court (2007 FC 310) dismissal of application for judicial review of visa officer’s denial of permanent resident visa as entrepreneur, certifying question as to whether control of percentage of equity of corporation in definition of “business experience” in Immigration and Refugee Protection Regulations, SOR/2002-227, s. 88(1) referring only to legal control or whether including de facto control — Federal Court holding test to be applied established in Huang v. Canada (Minister of Citizenship and Immigration), 2006 FC 507 — Cases cited in Huang not authority for proposition de jure control test with respect to control of corporation for income tax purposes applicable with respect to determination of whether person controls shares of corporation in s. 88(1) — Effective control test in Cloutier v. Canada (Minister of National Revenue), [1987] 2 F.C. 222 (C.A.) consistent with language of definitions of “business experience”, “percentage of equity” found in Regulations, s. 88(1) — As appellant always had effective control over shares of corporation held in trust for him, meeting requirement of control of percentage of equity of qualifying business in s. 88(1) — Appeal allowed.
Rahim v. Canada (Minister of Citizenship and Immigration) (A-186-07, 2008 FCA 87, Ryer J.A., judgment dated 6/3/08, 11 pp.)