Grewal v. Canada ( Minister of Employment and Immigration )
T-1505-92
Noël J.
17/3/93
7 pp.
Application for certiorari quashing decision of immigration officer allegedly based on findings of fact manifestly in error -- Applicant claiming exemption from requirements of Immigration Act, s. 9 based on humanitarian and compassionate grounds -- Officer deciding applicant's marriage entered into solely for immigration purposes -- Respondent's preliminary objection under Act, s. 77(3) rejected as right of appeal conferred by s. 77 belongs to sponsor, applicant's wife herein, not to applicant -- Right of appeal belonging to one individual not bar to right of judicial review belonging to another individual -- Immigration officer's recommendation based on finding of fact manifestly in error-Procedural fairness not requiring applicant be given opportunity to respond to discrepancies arising from spousal interviews-Interview process conducted separately to avoid collusion between claimant and witnesses as to circumstances of alleged bona fide marriage and to elucidate truth -- Procedural fairness not requiring immigration officer to take necessary steps to view video tape of applicant's wedding ceremony -- Application allowed-Immigration Act, R.S.C., 1985, c. I-2, ss. 9(1), 77(3), 114(2).