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BODIES UNDER REVIEW - Crown - Ministers and their agents - Powers or functions

Wednesday, August 04, 2021 @ 5:06 AM  


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Appeal by Afifi from a decision dismissing her application for judicial review of the respondent Minister withdrawing her nomination for consideration by the federal government for permanent residency status in Canada. The appellant was accepted into the program as an entrepreneur. She entered into Performance Agreements with the Minister under which she agreed to establish and operate a beauty salon and spa business in B.C. After the Ministry approved her nomination and issued a nomination certificate to her, on condition that the appellant continued to meet the conditions under the Performance Agreements, the appellant and her husband experienced health issues that forced her to sell her business. As a result, her nomination certificate was withdrawn. Having found that the Province had the authority to withdraw its nomination, the chambers judge found the decision was reasonable. He also found that the decision was inevitable and that the appellant’s health problems and those of her husband were not relevant to the determination.

HELD: Appeal dismissed. The Performance Agreements were to be read in the context of the federal/provincial scheme to recruit, monitor and assess applicants for the entrepreneurial stream. They made it clear the appellant was expected to hold 100 per cent ownership of the business and to remain involved in its day‑to‑day operation. The objective of the Agreements and of the entire program was to ensure her compliance with the expectations until she obtained her goal of permanent residency. The Province clearly had the authority to withdraw the certificate for non‑compliance.

Afifi v. British Columbia (Minister of Jobs, Tourism and Skills Training), [2021] B.C.J. No. 1459, British Columbia Court of Appeal, M.V. Newbury, P. Abrioux and L. Marchand JJ.A., June 29, 2021. Digest No. TLD-August22021004