Redman v. Canada ( Minister of Citizenship and Immigration )
IMM-5109-97
Rothstein J.
26/10/98
3 pp.
Judicial review of negative humanitarian and compassionate decision rendered by Immigration officer (IO)-Issue involving extrinsic evidence-IO received letter prejudicial to applicants-Letter not disclosed to applicants-Discovered by applicants in course of preparation of judicial review proceedings-IO filed affidavit saying did not consider letter as relevant to assessment of applicants' application-Application allowed-Requirements of procedural fairness not complied with-Prejudicial letters should be disclosed-Non-disclosure, discovery by applicant after negative decision and assertion by IO letter not relied on leading to perception of unfairness-Fairness requiring that when such potentially damaging information received, it must be disclosed so that applicant may be satisfied, before decision made, that it will be disregarded, or that applicant has had opportunity to respond to it.