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Singh v. Canada ( Minister of Citizenship and Immigration )

IMM-1479-96

Simpson J.

18/10/96

6 pp.

Costs-Further to application for judicial review of visa officer's decision, respondent consented to order setting aside decision and referring matter back for redetermination by different visa officer on basis definition of "adoption" in Immigration Regulations, 1978, s. 2(1) to be applied-Request for costs arising as, although decision actually made nine months after interview on January 20, 1993, not released to applicant until April 15, 1996-800-case backlog and complexity of matter given as reasons for 2 1/2 year delay-Special circumstances warranting costs order in applicant's favour: (1) delay caused by fact officer did not address file between October 1993 and September 1995; (2) use of form letter as matter of policy, without regard for truth or accuracy in circumstances of case; (3) fact officer never responded to correspondence from applicant's counsel (ten letters seeking status of application)-Immigration Regulations, 1978, SOR/78-172, s. 2(1) (as am. by SOR/92-101; 93-44).

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