Shankaran v. Canada ( Minister of Citizenship and Immigration )
IMM-2964-96
Pinard J.
7/5/97
5 pp.
Legitimate expectation-Application for judicial review of Minister's opinion applicant danger to public-Applicant landed in 1981, does not have Canadian citizenship-In report, immigration officer stated applicant has amassed substantial criminal record comprised almost totally of violent actions against his victims and recommended case be referred to Minister for opinion subject posing danger to public in Canada-Applicant advised would be sent copy of any submission/final report for review prior to rendering of decision-Applicant not provided with same-Applicant pleading legitimate expectation-Application allowed-Application of legitimate expectation principle as explained in Canada (Minister of Employment and Immigration) v. Bendahmane, [1989] 3 F.C. 16 (C.A.)-As giving effect to immigration officer's promise would not conflict or interfere with statutory duty of Minister, and as immigration officer not forbidden from making such representation, would be breach of procedural fairness not to honour promise.