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Chu v. Canada ( Minister of Citizenship and Immigration )

IMM-1180-96

Reed J.

1/8/97

5 pp.

Application to set aside decision of Minister's delegate under Immigration Act, ss. 53(1)(d), 70(5)-Applicant found to be danger to public in Canada-Written reasons not required when Convention refugee subject to "danger to public" decision-Content of fundamental justice, natural justice varies with circumstances of case, consequences to individual-No requirement different procedural requirements apply for "danger to public" decision itself-Criminal Backlog Review Ministerial Opinion Report not separately addressing, evaluating two elements: (1) whether commission of serious offence; (2) whether applicant present, future danger to public in Canada-Applicant given list of documents to be considered by Minister's delegate as evidence-Also informed additional sources might be considered in assessing risk to him if returned to Vietnam-Applicant did not seek extension of fifteen-day period to respond-Documentation relating to risk assessment publicly available in Immigration and Refugee Board Documentation Centres-Application dismissed-Immigration Act, R.S.C., 1985, c. I-2, ss. 53(1)(d) (as enacted by S.C. 1995, c. 15, s. 12), 70(5) (as enacted idem, s. 13).

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