Canada Immigration Case-law Guo c. Quebec, Canada, IMMIGRATION — Judicial review — Provincial superior courts

Judgement of this Case: Click Here!

IMMIGRATION — Judicial review — Provincial superior courts — Applicant, citizen of China, was specialized in publicity and communications — Applicant invested in film and television business in China in 2005 with two other shareholders — Applicant did not draw salary from business and did not withdraw capital investment when parties closed business in 2007 — Applicant applied for selection certificate with Quebec Minister of Immigration and Cultural Communities (“Minister”) — Minister found that applicant did not divulge investment in application for selection — Minister requested demonstration of truthfulness of declarations in accordance with s. 3.2.1 of Act Respecting Immigration to Quebec (Que.) (ARIQ) — Applicant responded that he did not have obligation to declare work experience in business or investment as investment did not result in accumulation of funds, and that audit into assets should not have targeted investment — Minister dismissed application — Applicant applied for judicial review from decision — Application dismissed — Minister offered applicant opportunity to provide written documentation pursuant to s. 3.1.2 of ARIQ — Minister respected requirements of Act Respecting Administrative Justice (Que.) — Minister’s decision was substantiated — There was no breach of procedural fairness — Minister held large discretionary power with respect to immigration in Quebec — Applicant attempted to explain why information that Minister asked of him was not necessary — Minister was entitled to dismiss incomplete application — Minister’s decision to dismiss application was reasonable