Nguyen v. Canada ( Minister of Citizenship and Immigration )
IMM-3538-94
Gibson J.
6/10/95
9 pp.
Applicants, Vietnamese citizens resident in refugee camp in Hong Kong, having fled country in 1989-Application for judicial review of visa officer's decision refusing applications for permanent residence as members of Indochinese Designated Class category-Applications allowed-Applicants could not reasonably prepare for interview as not given reasonable notice, in breach of duty of fairness-Fact applicant had opportunity to subsequently submit written material not curing defect-Furthermore, visa officer exercised discretion on grounds unrelated to purposes for which humanitarian and compassionate grounds discretion granted-Wrong for visa officer to compare humanitarian and compassionate factors applicable herein to those applicable in cases of twenty-two thousand others in similar camps as comparison irrelevant.