A-142-74
Walter Tichy (Applicant)
v.
Minister of Manpower and Immigration
(Respondent)
Court of Appeal, Thurlow, Urie and Ryan JJ.—
Toronto, September 19, 1974.
Judicial review—Immigration----Application to review
deportation order—Special Inquiry Officer refusing to dis
close contents of notes of Immigration Officer—Denial of
natural justice—Deportation order set aside—Federal Court
Act, s. 28.
APPLICATION.
COUNSEL:
R. L. Evans for applicant.
G. R. Garton for respondent.
SOLICITORS:
Parkdale Community Legal Services,
Toronto, for applicant.
Deputy Attorney General of Canada for
respondent.
The following are the reasons for judgment of
the Court delivered orally in English by
THURLOW J.: We do not need to hear you in
reply, Mr. Evans. In the opinion of the Court
the Special Inquiry Officer in the course of the
inquiry failed to observe a principle of natural
justice in declining to disclose to the applicant
the contents or substance of the memorandum
or notes made by the Immigration Officer which
had been communicated to the Special Inquiry
Officer either as part of the section 22 report or
otherwise.
The deportation order is therefore set aside.
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.