CITIZENSHIP AND IMMIGRATION |
Exclusion and Removal |
Removal of Permanent Residents |
Hernandez-Andasol v. Canada (Minister of Citizenship and Immigration)
IMM-331-00
2001 FCT 349, Pelletier J.
19/4/01
4 pp.
Danger opinion--Application for judicial review of Ministerial opinion applicant representing danger to public by reason of conviction for sexual assault--Applicant invoking breach of procedural fairness on basis not provided with copy of "Request for Minister's Opinion" and "Ministerial Opinion Report" prior to Minister's delegate forming opinion--Application allowed--In Bhagwandass v. Canada (Minister of Citizenship and Immigration), [2001] 2 F.C. 3 (C.A.), F.C.A. held failure to disclose Request for Minister's Opinion and Ministerial Opinion Report to applicant before decision made constituted denial of procedural fairness as applicant deprived of opportunity to address contents of documents before decision affecting his interests made--Bhagwandass followed.