Ellis v. Canada ( Minister of Employment and Immigration )
IMM-3740-93
Gibson J.
21/6/94
5 pp.
Application to review decision insufficient grounds to warrant processing application for permanent residence from within Canada-Applicant, citizen of Jamaica, arriving in Canada as visitor on October 2, 1992-On October 4 meeting man who proposed marriage October 17-Couple married November 30, 1992-On May 27, 1993 immigration counsellor interviewing applicant and spouse separately-Notes indicating marriage of convenience to obtain landed papers-Reference to "many inconsistencies in answers given and gaps of information known by each party"-Following notes and negative recommendation, "Aside" stating co-worker informing immigration counsellor couple had earlier questioned her as to necessity of producing wedding pictures as proof of marriage, subsequently wondering aloud how would obtain such pictures-Application dismissed-Procedural fairness not requiring disclosure of discrepancies identified in separate marriage interviews and opportunity to respond thereto: Adebiyi v. Minister of Employment and Immigration (1994), 73 F.T.R. 230 (F.C.T.D.)-Interview process conducted separately to avoid collusion and to elicit truth where applicant's credibility as in relation to status in Canada in question-Information in "Aside" of completely different character from inconsistencies and gaps disclosed in spousal interviews-Potentially negative information that, if used, should in fairness have been disclosed to applicant and spouse so that would have reasonable opportunity to explain-Assuming immigration counsellor's notes before immigration officer who signed decision, and "Aside" formed part of those notes, immigration officer reached decision based on negative recommendation of immigration counsellor, not on basis of material forming substance of "Aside"-Court entitled to assume, in absence of contrary evidence, immigration officer not considering information to which applicant and spouse should have been given opportunity to respond if to form part of basis of immigration officer's decision-Question in essentially same form as that in Adebiyi certified.