Citizenship and Immigration
Exclusion and Removal
Judicial review of visa officer’s decision refusing application for permanent residence on basis that inadmissible pursuant to Immigration and Refugee Protection Act (IRPA), S.C. 2001, c. 27, s. 40 due to misrepresentation—Respondent sending “fairness letter” stating applicant inadmissible under IRPA for using deceitful methods in performing medical examination, substituting chest x-rays, giving incorrect statements regarding medical tests—Applicant requesting copies of medical reports, x-rays—Respondent replying more than one year later, requiring applicant to make access to information request to obtain documents—Breach of duty to act fairly by failing to immediately provide alleged evidence against applicant and opportunity to respond—Application delayed needlessly—No access to information request necessary to obtain information relied upon in accusing applicant of misrepresentation—Application allowed—Respondent directed to provide applicant’s counsel with x-rays—Special reasons for awarding costs to applicant.
Natt v. Canada (Minister of Citizenship and Immigration) (IMM-3714-08, 2009 FC 238, Kelen J., judgment dated March 4, 2009, 12 pp.)