Tharmalingam v. Canada ( Minister of Citizenship and Immigration )
IMM-826-98
Gibson J.
20/11/98
5 pp.
Judicial review of rejection of application for landing from within Canada on humanitarian, compassionate grounds pursuant to Immigration Act, s. 114(2)-Although minimal duty of fairness owed on application for humanitarian, compassionate relief, if relying upon extrinsic evidence not brought forward by applicant, applicant must be given opportunity to respond to such evidence: Shah v. Canada (Minister of Employment and Immigration) (1994), 29 Imm. L.R. (2d) 82 (F.C.A.)-Applicant advised of material considered by senior immigration officer in arriving at decision not provided by applicant-Some of that material not disclosed to applicant in course of consideration of application, or in course of application for judicial review, in nature of extrinsic evidence-Senior immigration officer not complying with order to provide copies of its record to parties, Court Registry-Counsel, Court left to speculate as to nature of material considered-Record would presumably have helped to clarify whether material extrinsic-Party cannot benefit by its contempt of Court order-While onus on applicant to prove material constituted extrinsic evidence, not required to prove nature of material considered by Senior Immigration Officer respondent failed to put before Court in contravention of order-Application allowed-Immigration Act, R.S.C., 1985, c. I-2, s. 114(2) (as am. by S.C. 1992, c. 49, s. 102).