Date: 20000322
Docket: IMM-3382-98
BETWEEN:
YI ZHAO
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
ADDENDUM TO REASONS FOR ORDER
REED, J.:
[1] The following paragraphs should be inserted after paragraph [12] of the Reasons for Order that were issued on February 17, 2000:
| "[12A] I consider it to be an error to classify the type of occupation a person follows as either being or not being of significant benefit to the economy of Canada. In assessing an applicant under the self-employed category, it is the business the person intends to establish, purchase or invest in that must be of significant benefit to the economy. Thus, a prospective convenience store business may or may not be of significant benefit to the economy depending upon the particular circumstances of the case. One does not say that a person who intends to follow the occupation of convenience store operator can never be admitted to Canada as a self-employed immigrant, because the occupation of convenience store operator is not an occupation of significant benefit to the economy. Similarly, the business a stock-broker intends to establish may in some circumstances be of significant benefit to the economy, in others, it may not - it depends upon the circumstances of the particular case. The type of occupation, itself, is not the focus of the type required analysis. |
| [12B] Factor 4, however, is relevant to the type of occupation the person intends to follow, not because it determines whether that occupation is of a type that is of significant benefit to the economy (which, as I have indicated is the wrong question to ask) but because it relates to the demand in Canada for persons trained in that occupation. While a self-employed immigrant can still be granted landing although awarded 0 points under Factor 4, it is also possible that a person may not be granted landing when awarded 10 points. This may occur in circumstances where there may be considerable demand for the occupation, but the business the person intends to establish is determined not to be of significant benefit to the economy. Simply put: the type of occupation is relevant to Factor 4, but the assessment of whether a person should be granted landing as a self-employed immigrant is not determined by focusing on the type of occupation the prospective immigrant intends to follow, as opposed to the business that it is intended to establish, purchase or invest in." |
Judge
OTTAWA, ONTARIO
MARCH 22, 2000
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