Is the business plan factor considered germane to herd determination?
Canada (Federal), Canada
The following excerpt is from Xiong v. Canada (Minister of Citizenship and Immigration), 2002 FCT 430 (CanLII):
I am unable to conclude that the visa officer elevated the business plan factor to a level where it was the basis of her decision. Nor do I find that the officer ignored relevant evidence or considered irrelevant evidence. The factors considered by the visa officer were germane to herdetermination. While the officer may not have found the evidence of the applicant persuasive, she did not ignore it. The weighing of relevant factors is the responsibility of the Minister or his delegate. Minister of Citizenship and Immigration v. Alexander Henri Legault, 2002 FCA 125at paragraph 11.
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