Sorrenti v. Canada ( Minister of Employment and Immigration )
92-T-1979
Gibson J.
2/6/94
6 pp.
Application for judicial review of immigrant officer's decision not recommending processing of application for landed immigrant status from within Canada -- Interview of applicant and spouse conducted for purpose of determining bona fides of marriage; conclusion of immigrant officer marriage not bona fide and entered into for immigration purposes only -- Applicant alleged interviewing officer failed to comply with rules of natural justice or duty to act fairly by failing to provide applicant and spouse with opportunity to respond to concerns leading interviewing officer to conclusion applicant's marriage not bona fide -- Applicant married in civil ceremony conducted by Rabbi; both applicant and spouse Roman Catholic -- Procedural fairness not requiring applicant be given opportunity to respond to discrepancies arising from spousal interviews; interview process conducted separately for purpose of avoiding collusion: Grewal v. Canada (Minister of Employment and Immigration), ([1993] 2 F.C., D-24 (T.D.)) -- Although interviewing officer may have failed to put discrepancies to parties to spousal interviews, not constituting breach of procedural fairness and not fatal to resulting decision -- But failure to provide applicant and spouse opportunity to respond to concern regarding marriage of two Roman Catholics by Rabbi not justified -- Application allowed.