CITIZENSHIP AND IMMIGRATION |
Exclusion and Removal |
Inadmissible Persons |
Pimentel v. Canada (Minister of Citizenship and Immigration)
IMM-10138-03
2004 FC 1149, Tremblay-Lamer J.
19/8/04
6 pp.
Judicial review of Immigration Officer's refusal of permanent residence application as husband inadmissible under Act, s. 38(1)(c)--Applicant came from Philippines on employment authorization under Live-in Caregiver Program-- Applied for permanent resident status but received "fairness letter" husband might be inadmissible due to medical condition so her own landing application might be refused-- Given 30 days to make further submissions as to husband's condition--Made no additional submission--Sought 30-day extension--Application rejected since husband expected to cause excessive health, social services demands--Citizenship and Immigration Canada failed to respect natural justice, procedural fairness principles in not advising applicant as to nature of husband's medical condition--He lives in Philippines, so possible she was unaware he suffers from heart condition--Held by Dawson J. in Hersi v. Canada (Minister of Citizenship and Immigration) (2000), 198 F.T.R. 120 (F.C.T.D.): "fairness letter" must fully disclose case claimant must meet--Court disagreeing with Minister's position that enough to state husband has medical condition--Application allowed--Immigration and Refugee Protection Act, S.C. 2001, c. 27, s. 38(1)(c).