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CITIZENSHIP AND IMMIGRATION

Exclusion and Removal

Inadmissible Persons

Jan v. Canada (Minister of Citizenship and Immigration)

IMM-5756-99, IMM-5757-99

McKeown J.

15/9/00

6 pp.

Application for judicial review of decision by Minister's delegate finding applicant danger to public under Immigration Act, ss. 53(1)(d), 70(5)--Applicant alleging three breaches of natural justice--First breach incorrect information regarding time limit within which required to respond to Minister's request for submissions--Under normal circumstances, 15 days adequate amount of time for person to respond to notice received by applicant--No denial of natural justice on facts before Court--No obligation to forward summary documents to applicant prior to decision being made--On circumstances of case, adequate balancing in summary report, reasons between danger to public, danger to applicant--Application dismissed--Question certified--Immigration Act, R.S.C., 1985, c. I-2, ss. 53 (as am. by S.C. 1995, c. 15, s. 12), 70 (as am. idem, s. 13).

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