Pham v. Canada (Citizenship and Immigration)

Pham v. Canada (Citizenship and Immigration)
Court (s) Database
Federal Court Decisions
Date
2015-11-16
Neutral citation
2015 FC 1274
File numbers
IMM-1294-15
Decision Content
Date: 20151116
Docket: IMM-1294-15
Citation: 2015 FC 1274
Toronto, Ontario, November 16, 2015
PRESENT: The Honourable Mr. Justice Campbell
BETWEEN:
VAN TRUYEN PHAM
Applicant
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
JUDGMENT AND REASONS
[1] On the specific facts of this case, where the previous visa officer made a finding in law and fact, aside from the factual and legal issue that was in dispute on the previous judicial review, the Officer reconsidering the application cannot revisit legal and factual findings of the previous officer without providing the Applicant with notice and the opportunity to respond.
[2] Since no opportunity to respond was provided by the Officer, I find that the decision under review was made in breach of a duty of fairness owed to the Applicant.
JUDGMENT
THIS COURT’S JUDGMENT is that the matter is sent back for redetermination by a different officer. No question for certification.
"Douglas R. Campbell"
Judge
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET:
IMM-1294-15
STYLE OF CAUSE:
VAN TRUYEN PHAM v THE MINISTER OF CITIZENSHIP AND IMMIGRATION
PLACE OF HEARING:
Toronto, Ontario
DATE OF HEARING:
November 16, 2015
JUDGMENT and reasons:
CAMPBELL J.
DATED:
November 16, 2015
APPEARANCES:
Mario Bellissimo
For The Applicant
James Todd
For The Respondent
SOLICITORS OF RECORD:
Bellissimo Law Group LLP
Barristers and Solicitors
Toronto, Ontario
For The Applicant
William F. Pentney
Deputy Attorney General of Canada
For The Respondent