Astudillo v. Canada ( Minister of Citizenship and Immigration )
IMM-2115-96
Gibson J.
24/11/97
9 pp.
Judicial review of decision applicant danger to public-Applicant, family settling in Canada under auspices of United Nations High Commission for Refugees in 1976-Applicant acquiring significant criminal record, both as youth and as adult-In 1995 notified respondent contemplating issuing opinion applicant constituting danger to public in Canada-Extensive documentation provided to applicant, but some documentation upon which Minister proposed to rely (CPIC printout, police occurrence reports, Correctional Service report) not provided-While Williams v. Canada (Minister of Citizenship and Immigration), [1997] 2 F.C. 646 (C.A.) making no reference to reliance on extrinsic evidence as ground for judicial review, not explicitly ruling it out-But not intending to overrule Shah v. Minister of Employment and Immigration (1994), 170 N.R. 238 (F.C.A.) wherein, with reference to application for landing from within Canada, held if Minister relying on extrinsic evidence, not brought forward by applicant, must give applicant opportunity to respond to such evidence-CPIC printout, police occurrence reports, Correctional Service report extrinsic evidence-Neither provided by applicant nor available to applicant-Question whether respondent's delegate presumed to have relied on undisclosed material-Court must assume, in absence of evidence to contrary, Minister's delegate acting in good faith in having regard to all of material before him-Reviewing officer's memorandum for use of Minister's delegate stating CPIC printout, police occurrence reports, Correctional Service report not included in submission as not provided to applicant-Thus extrinsic material not before Minister's delegate, but no indication reviewing officer who prepared memorandum, recommendation for Minister's delegate, not taking extrinsic material into account-Reading of whole memorandum leading to conclusion officer preparing memorandum, recommendation having regard to extrinsic material-If so, and if Minister's delegate giving weight to reviewing officer's memorandum, recommendation, Minister's delegate indirectly relied on those materials-Other concerns including reviewing officer's comments as to difficulty in assessing case; accuracy of reviewing officer's comments-Application allowed; matter referred back for redetermination-On basis of material before Court, opinion applicant representing danger to public in Canada might well be open to respondent, delegate-In reaching decision, duty of fairness on respondent not met in process leading to decision under review.