Soubeh v. Canada (Citizenship and Immigration)

Soubeh v. Canada (Citizenship and Immigration)

The officer reasonably concluded that, despite relevant experience and sufficient funds, the Applicant lacked demonstrated ability and intention to be self-employed in Canada because the Applicant self-declared only basic English proficiency and failed to produce evidence of Arabic-language acting opportunities in Canada; this justified refusal and did not breach procedural fairness.

Citation
2021 FC 1144
Parties
Applicant: Fadi Soubeh; Dependent: Leen Darwish; Dependent: Nawar Soubeh
Court
Federal Court
Jurisdiction
Canada
Judgment Date
26 October 2021
Procedural Posture
Judicial Review of Immigration Refusal (self Employed Persons) / Federal Court Judgment (application Dismissed)
Outcome
Application for judicial review dismissed; decision of immigration officer upheld
Legal Topics
Self Employed Persons Class, Procedural Fairness, Standard of Review, Language Proficiency as Factor, Reasonableness Review
Source Language
English
Immigration Law Administrative Law Judicial Review Self Employed Persons Class Procedural Fairness Standard of Review Language Proficiency as Factor Reasonableness Review

Case Brief

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Parties

Fadi Soubeh

Applicant

Leen Darwish

Dependent

Nawar Soubeh

Dependent

Procedural Posture

Judicial Review of Immigration Refusal (self Employed Persons) / Federal Court Judgment (application Dismissed)

Legal Issues

  1. 1 Did the officer breach procedural fairness?
  2. 2 Did the officer err in finding the applicant lacked intention or ability to be self-employed in Canada?

Ratio Decidendi

The officer reasonably concluded that, despite relevant experience and sufficient funds, the Applicant lacked demonstrated ability and intention to be self-employed in Canada because the Applicant self-declared only basic English proficiency and failed to produce evidence of Arabic-language acting opportunities in Canada; this justified refusal and did not breach procedural fairness.

Court Disposition

Application for judicial review dismissed; decision of immigration officer upheld

Orders

  • The application for judicial review is dismissed
  • No question of general importance is certified