Ransanz v. Canada (Minister of Public Safety and Emergency Preparedness), [2015] F.T.R. TBEd. SE.071

• Judge: Martineau, J.
• Court: Federal Court (Canada)
• Case Date: September 10, 2015
• Jurisdiction: Canada (Federal)
• Citations: [2015] F.T.R. TBEd. SE.071;2015 FC 1109

Ransanz v. Can., [2015] F.T.R. TBEd. SE.071

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Currently being edited for F.T.R. - judgment temporarily in rough form.

Temp. Cite: [2015] F.T.R. TBEd. SE.071

Arturo Ransanz (applicant) v. The Minister of Public Safety and Emergency Preparedness (respondent)

(IMM-1155-15; 2015 FC 1109)

Indexed As: Ransanz v. Canada (Minister of Public Safety and Emergency Preparedness)

Federal Court

Martineau, J.

September 23, 2015.

Summary:

Ransanz, a Mexican citizen, applied for judicial review of a decision of an immigration officer denying his application for a permanent resident visa as an investor in the Economic Immigration class destined for the Province of Quebec. The officer was not satisfied that Ransanz intended to reside in Quebec and concluded that he therefore did not meet the criteria for permanent residence as an investor in the Economic Immigration Class. Ransanz applied for judicial review.

The Federal Court allowed the application, set aside the officer's decision and returned the matter to another visa officer for redetermination. The officer had jurisdiction to refuse the application on the basis that he was not satisfied that the applicant intended to reside in Quebec. However, the officer breached procedural fairness or ignored relevant evidence, or otherwise failed to provide the applicant with a meaningful opportunity during his in-person interview to respond to the credibility concerns he may have had with respect to the evidence related to the travel to Montreal prior to the interview and the documentary evidence in that regard.

Administrative Law - Topic 225

The hearing and decision - Right to be heard - What constitutes not being heard - See paragraphs 28 to 36.

Aliens - Topic 27

Federal/provincial agreements - See paragraphs 11 to 27.

Aliens - Topic 1213

Admission - Immigrants - Entrepreneurs and investors - See paragraphs 11 to 27.

Aliens - Topic 1230

Admission - Immigrants - Application for admission - Immigrant visa - Duty of officer - Duty of fairness - See paragraphs 28 to 36.

Aliens - Topic 1230.3

Admission - Immigrants - Application for admission - Immigrant visa - Provincial nominees - See paragraphs 11 to 27.

Aliens - Topic 1304

Admission - Immigrants - Judicial review - Scope or standard of - See paragraphs 5 to 9.

Aliens - Topic 4093

Practice - Hearings - Right to make representations - See paragraphs 28 to 36.

Counsel:

Julius H. Grey and Iris Simixhiu, for the applicant;

Lynne Lazaroff, for the respondent.

Solicitors of Record:

Grey Casgrain, s.e.n.c., Montreal, Quebec, for the applicant;

William F. Pentney, Deputy Attorney General of Canada, Montreal, Quebec, for the respondent.

This application was heard in Montreal, Quebec, on September 10, 2015, before Martineau, J., of the Federal Court, who delivered the following decision in Quebec, Quebec, on September 23, 2015.