Shah v. Canada ( Minister of Employment and Immigration )
A-617-92
Hugessen J.A.
24/6/94
3 pp.
Appeal from trial judgment ([1992] 2 F.C. D-32) dismissing application to review immigration officer's decision insufficient humanitarian or compassionate grounds to recommend Governor in Council exercise discretion to grant exemption from Immigration Act, s. 9(1) requiring immigrants to obtain visa before appearing at port of entry-Immigration officer's decision matter of judgment, discretion-Unlike sponsored application for landing, where law establishing criteria which, if met, give rise to certain rights, applicant herein not legally entitled to any particular outcome-No case to be met of which applicant must have notice-Applicant must persuade decision-maker deserving exceptional treatment and exempted from general requirements of law-Neither hearing nor reasons required-Officer not required to advise applicant either of any tentative conclusions or of apparent contradictions-Applicant must have chance to respond to extrinsic evidence not brought forward by him-Failure to draw perceived contradictions specifically to applicant's attention not affecting fairness of decision, but affecting weight later to be attached to them-Contrary dicta in In re H.K. (An Infant), [1967] 2 Q.B. 617; Kaur v. Canada (Minister of Employment & Immigration) (1987), 5 Imm. L.R. (2d) 148 (F.C.T.D.); Ramoutar v. Canada (Minister of Employment and Immigration), [1993] 3 F.C. 370 (T.D.) should be read in this light-Applicant must show decision-maker erred in law, proceeded on some wrong or improper principle or acted in bad faith-Appeal dismissed-Immigration Act, R.S.C., 1985, c. I-2, ss. 9(1), 114(2).