Wright v. Canada ( Solicitor General )
T-3042-92
Gibson J.
15/10/93
15 pp.
Application for judicial review of respondents' decision confirming earlier decision to discontinue processing of application for permanent residence from within Canada -- Applicant, citizen of Fiji, applying in Canada for permanent residence with support of husband -- Exemption from requirements of Immigration Act, s. 9(1) submitted to Immigration Officer Yee in July 1991 -- Officer recommending request for exemption to Governor in Council for final determination -- Information acquired by two different Immigration Officers bringing into question bona fides of applicant's marriage -- Officer Yee reversing decision to request exemption from visa requirements -- In view of Officer Tam, separate interviews of applicant and husband disclosing serious discrepancies, doubt as to genuineness of applicant's relationship with sponsor -- Whether respondents acted fairly in dealing with applicant's request to apply for permanent residence from within Canada -- Applicant aware of basic concern of Officer Lee related to bona fides of marriage, had opportunity to respond to concern before confirming decision taken more than seven months later -- Nothing substantive done to respond to concern-Applicant remaining preoccupied with anonymous "tip" and unspecified "trustworthy evidence" -- Advantage not taken of time and opportunity to respond to concern -- Respondents having fulfilled duty to act fairly by conduct of number of subsequent interviews and by undertaking of review process -- No evidence Officer acted unreasonably or unfairly during July 16 visit or demonstrated actual bias -- Non-disclosure of source and substance of anonymous tip not substantive issue -- Application dismissed.