Date: 20021023
Docket: IMM-4904-00
Neutral citation: 2002 FCT 1105
Toronto, Ontario, Wednesday, the 23rd day of October,2002
PRESENT: The Honourable Mr. Justice Campbell
BETWEEN:
KADKHODAEI ELIADERANI ABDOLHOS
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
[1] This is an application for judicial review of the decision of a visa officer, dated August 22, 2000, refusing the Applicant's application for permanent residence to Canada under the investor category as defined in the Immigration Regulations, 1978.
[2] The Visa Officer refused the application after determining that the Applicant did not meet the definition of investor for reasons as follows:
I am not satisfied that you have accumulated by your own endeavours at least $500,000. Although documents on file may show that you have accumulated this amount, the documents have been confirmed by you to have been completed without your knowledge and which misrepresent the facts. There are insufficient documents which can be relied upon to determine your wealth accumulated through your own endeavours.
(Applicant's Record, p.3)
[3] The evidence put before the Visa Officer concerned real estate as well as business assets. The Visa Officer reached her decision as quoted only on the evidence concerning the business assets of perhaps between four and nine million dollars.
[4] Under cross-examination on her affidavit filed with respect to the present application, the Visa Officer admitted that she did not review or take into account evidence of the real property assets valued at almost three million dollars (Applicant's Application Record, p. 89). I find this failure constitutes a reviewable error since the decision was not made on the totality of highly relevant evidence. As a result, in my opinion, the error renders the Visa Officer's decision patently unreasonable.
ORDER
Accordingly, the decision is set aside and the matter is referred back to a different visa officer for redetermination.
There is no certified question.
"Douglas R. Campbell"
J.F.C.C.
FEDERAL COURT OF CANADA
TRIAL DIVISION
Names of counsel and solicitors of record
DOCKET: IMM-4904-00
STYLE OF CAUSE: KADKHODAEI ELIADERANI ABDOLHOS
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
PLACE OF HEARING: TORONTO, ONTARIO
DATE OF HEARING: WEDNESDAY, SEPTEMBER 18, 2002
REASONS FOR ORDER
AND ORDER BY: CAMPBELL J.
DATED: WEDNESDAY, OCTOBER 23, 2002
APPEARANCES BY: Mr. Cecil L. Rotenberg
For the Applicant
Ms. Milka Visnic
For the Respondent
SOLICITORS OF RECORD: Cecil L. Rotenberg, Q.C.
Barristers & Solicitors
United Centre
808-255 Duncan Mill Road
Toronto, Ontario
M3B 3H9
For the Applicant
Morris Rosenberg
Deputy Attorney General of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date:20021023
Docket: IMM-4904-00
BETWEEN:
KADKHODAEI ELIADERANI ABDOLHOS
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND
ORDER