Johnson v. Canada (Minister of Citizenship and Immigration)
Court headnote
Johnson v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2002-04-11 Neutral citation 2002 FCT 416 File numbers IMM-1309-01 Decision Content Date: 20020411 Docket: IMM-1309-01 Neutral Citation: 2002 FCT 416 Toronto, Ontario, Thursday, the 11th day of April, 2002 PRESENT: The Honourable Mr. Justice Campbell BETWEEN: BEVERLEY JOHNSON Applicant - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER [1] On April 6, 2000, the Applicant in the present case made a H & C application for an exemption from the requirement to apply for permanent residence from abroad. The initial finding in the decision refusing the H & C application relates to the Applicant's explanation for not providing a change of address with respect to a wholly different application made in 1994. The Applicant argues that the 1994 application is irrelevant to the year 2000 application, and that the Immigration Officer breached the duty of fairness by not granting an interview to allow the Applicant an opportunity to respond to her concerns on this issue. [2] While I find that the Applicant's whole immigration record is relevant, I also find it unfair for the Immigration Officer to make a negative credibility finding on an explanation of conduct which occurred 7 years previously without providing the Applicant a meaningful opportunity to respond. It is well-established that an oral hearing in H & C applications is not required (Ba…
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Johnson v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2002-04-11 Neutral citation 2002 FCT 416 File numbers IMM-1309-01 Decision Content Date: 20020411 Docket: IMM-1309-01 Neutral Citation: 2002 FCT 416 Toronto, Ontario, Thursday, the 11th day of April, 2002 PRESENT: The Honourable Mr. Justice Campbell BETWEEN: BEVERLEY JOHNSON Applicant - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER [1] On April 6, 2000, the Applicant in the present case made a H & C application for an exemption from the requirement to apply for permanent residence from abroad. The initial finding in the decision refusing the H & C application relates to the Applicant's explanation for not providing a change of address with respect to a wholly different application made in 1994. The Applicant argues that the 1994 application is irrelevant to the year 2000 application, and that the Immigration Officer breached the duty of fairness by not granting an interview to allow the Applicant an opportunity to respond to her concerns on this issue. [2] While I find that the Applicant's whole immigration record is relevant, I also find it unfair for the Immigration Officer to make a negative credibility finding on an explanation of conduct which occurred 7 years previously without providing the Applicant a meaningful opportunity to respond. It is well-established that an oral hearing in H & C applications is not required (Baker v. Canada (M.C.I.) [1999] 2 S.C.R. 817) and that written representations may be sufficient to meet the duty of procedural fairness. However, in the present case, the sole opportunity afforded to the Applicant to address this concern was in a January 12, 2001, letter sent by the Immigration Officer requesting additional information, in which the following question was included in a paragraph containing numerous other requests: "Why did you not advise Immigration of your change of address from 1994?" (Tribunal Record, p.41). [3] In my opinion, this request did not sufficiently convey the extent of the Immigration Officer's concerns, specifically, that the Applicant's credibility was at issue. Therefore, on the facts of this case, I find that a breach of the duty of procedural fairness occurred. ORDER 1. Accordingly, I set aside the Immigration Officer's decision and refer this matter back for redetermination by a different immigration officer. "Douglas R. Campbell" J.F.C.C. FEDERAL COURT OF CANADA Names of Counsel and Solicitors of Record COURT NO: IMM-1309-01 STYLE OF CAUSE: BEVERLEY JOHNSON Applicant - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent DATE OF HEARING: THURSDAY, APRIL 11, 2002 PLACE OF HEARING: TORONTO, ONTARIO REASONS FOR ORDER AND ORDER BY: CAMPBELL J. DATED: THURSDAY, APRIL 11, 2002 APPEARANCES BY: Mr. Osborne G. Barnwell For the Applicant Mr. Jeremiah Eastman For the Respondent SOLICITORS OF RECORD: FERGUSON, BARNWELL Barristers & Solicitors 515 Consumers Road Suite 310 North York, Ontario M2J 4Z2 For the Applicant Morris Rosenberg Deputy Attorney General of Canada For the Respondent FEDERAL COURT OF CANADA Date: 20020411 Docket: IMM-1309-01 BETWEEN: BEVERLEY JOHNSON Applicant - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER
Source: decisions.fct-cf.gc.ca