Margarosyan v. Canada ( Minister of Citizenship and Immigration )
IMM-331-96
Gibson J.
26/11/96
6 pp.
Application for judicial review of visa officer's decision refusing application for permanent residence in Canada under self-employed guidelines-Applicant taught classical ballet in Istanbul and principal dancer in Cagdas Bale Groupe-Refusal based on fact applicant had no experience in management of dance school and did not intend to establish own school or dance company upon arrival in Canada but first intended to teach in existing schools to discover how they operated-Application allowed-Visa officer erred in law-Not open to visa officer to read in "upon arrival in Canada" in definition of "self-employed person"-So long as applicant's intent bona fide, not necessary intent to establish business relate to immediately upon arrival or within any finite period following arrival-On evidence, intent firm, not speculative-Visa officers should not place undue emphasis on lack of past business experience as self-employed person when assessing applications: Grube v. Canada (Minister of Citizenship & Immigration) (1996), 34 Imm. L.R. (2d) 219 (F.C.T.D.)-Court prepared to assume level of business experience required to operate ballet school in Canada would be substantially easier to acquire through observation or through employment of others than would be acquisition of artistic and teaching skills possessed by applicant.