Nyame v. Canada ( Minister of Employment and Immigration )
92-T-1764
Cullen J.
13/12/93
7 pp.
Application to set aside decision applicant's claim lacking sufficient humanitarian and compassionate grounds to warrant issuance of exemption pursuant to Immigration Act, s. 114(2)[cad 211]Applicant not given opportunity to comment upon evidence presented as exhibits to immigration officer's affidavit and upon which respondent basing decision -- Arguing denied natural justice and procedural fairness -- Application allowed -- Whether humanitarian and compassionate grounds administrative decision not to be lightly interfered with, but decision maker required to act fairly in exercising administrative discretion -- Reference to Sellakkandu v. Canada (Minister of Employment and Immigration), 92-T-2029, Denault J., 13/10/93, F.C.T.D., not yet reported, for review of case law as to what duty of fairness requires, whether right to interview or hearing included -- Applicant must have opportunity to answer case against him and present own material, submissions -- Hearing not necessary if Court satisfied applicant had sufficient opportunity to make submissions and answer case against him -- Muliadi v. Canada (Minister of Employment and Immigration), [1986] 2 F.C. 205 (C.A.) holding where visa officer's decision based on material not presented to applicant and which applicant not given opportunity to refute, decision could be set aside because procedurally unfair -- Breach of fairness herein -- Immigration Act, R.S.C., 1985, c. I-2, ss. 9(1) (as am. by S.C. 1992, c. 49, s. 4), 82.1 (as am. idem, s. 73), 114(2) (as am. idem, s. 102).