Haghighi v. Canada ( Minister of Citizenship and Immigration )
IMM-4780-98
Gibson J.
8/9/99
15 pp.
Humanitarian and compassionate considerations-Application for judicial review of decision of Immigration Officer finding insufficient humanitarian, compassionate reasons to permit applicant to apply for landing from within Canada under Immigration Act, s. 114(2)-Applicant, citizen of Iran, claiming to have been detained in that country by reason of association with member of Mujahedin-Claim for Convention refugee status rejected on basis of finding of lack of credibility on part of applicant-Immigration Officer referring application to Post- Claims Determination Officer for "risk opinion"-In forming opinion, PostClaims Determination Officer relied upon material submitted to him by Immigration Officer, on U.S. Department of State Country Reports on Human Rights Conditions for 1997, specifically for Iran (1997 DOSS Report) and on applicant's immigration file-Immigration Officer reaching decision under review without sharing with applicant negative risk opinion, without advising him 1997 DOSS Report relied on-Principles underlying duty of fairness on applications such as here subject to extensive guidance provided by recent decision of S.C.C. in Baker v. Canada (Minister of Citizenship and Immigration) (1999), 174 D.L.R. (4th) 193-Immigration Officer, in failing to share document such as PCDO's recommendation, rationale, thereafter relying on it, denied person(s) whose interests affected, here applicant, meaningful opportunity to present case fully, fairly-Application allowed-Question certified-Immigration Act, R.S.C., 1985, c. I-2, s. 114(2).