Farshid-Ghazi v. Canada ( Minister of Citizenship and Immigration )
IMM-377-97
Richard J.
12/2/98
22 pp.
Application for judicial review of Minister's danger opinion under Immigration Act, s. 70(5)-Applicant, born in Iran but presently stateless, became permanent resident in Canada in 1988 after deserting Iranian army and being recognized as refugee by UNHCR in 1986-In 1990, convicted in Canada of possession of narcotic for purpose of trafficking and trafficking and sentenced to nine years for each-Determined to constitute danger to public in Canada-Department determined applicant would not be at risk if returned to Iran-Application allowed-Requirements of fairness met in "danger to public" assessment-Risk assessment if returned to Iran based in large part on Joint Embassies Report, concerning conditions in Iran, its treatment of army deserters and of drug offenders-Report not specifically referred to in notification to applicant-While non-disclosure of publicly available documentary evidence has been found not to amount to breach of natural justice, report herein bearing inscription "Restricted" on cover page-Restricted document not publicly or commonly available-Report specifically relied on by reviewing officer and Minister's delegate in forming opinion applicant would not be at risk if returned to Iran-Assessment material to exercise of Minister's discretion-Report should have been disclosed specifically to applicant at time of notification of review-Therefore, Minister's delegate did not give applicant proper opportunity to be heard before exercising Ministerial discretion under Act, s. 70(5)-Applicant entitled to have opportunity to make further representations and to submit further documentary material on issue of risk assessment-Immigration Act, R.S.C., 1985, c. I-2, s. 70(5) (as am. by S.C. 1995, c. 15, s. 13).