Chiu v. Canada ( Minister of Citizenship and Immigration )
IMM-1260-96
Simpson J.
13/11/96
7 pp.
Application for judicial review of visa officer's decision refusing application for permanent residence in Canada-Application dismissed-Applicant, citizen of Hong Kong, applied for permanent residence as "entrepreneur", intending to open trading and travel business in Vancouver-At interview, applicant vague about proposed businesses and their viability -Officer did not wrongly import requirement to present researched business plan into definition of entrepreneur-Correctly and appropriately inquired whether applicant could establish commercial venture which would employ people and contribute significantly to Canadian economy-Officer did not ignore all applicant's work experience when assessing him as entrepreneur-Officer did not err in failing to assess applicant under Part B of definition of entrepreneur, as no need to assess applicant's ability to manage business under Part B if applicant has failed to satisfy officer business can be established under Part A of definition-Officer did not breach duty of fairness by not advising applicant of discovery Vancouver home to approximately 200 travel agencies-Point was: applicant did not know whether any agencies specialized in travel to Vietnam and had no idea of competition and how he might meet it effectively-Immigration Regulations, 1978, SOR/78-172, s. 2 (as am. by SOR/92-101; 93-44).