Canada Start-Up Visa Refusal: 5 Critical Lessons From A Federal Court Case

A Philippine citizen with horse racing experience, Antonio Neri, applied for Canadian permanent residence under the Start-Up Visa program. His business concept involved developing "jockey cam" technology to provide live camera feeds from jockeys' perspectives during races through his company.

After relocating to Canada in 2021 as a start-up visa applicant, Neri discovered that similar jockey cam technology already existed at numerous racecourses. His sole potential customer was HAPI Jockey Club Inc. in the Philippines for a racecourse that remained under construction.

Officer's Decision and Rationale

The immigration officer refused Neri's application under subsection 89(b) of the Immigration and Refugee Protection Regulations, concluding that his start-up venture constituted an "artificial transaction" primarily designed to obtain immigration status rather than engage in legitimate business activity.