| Citation: |
Malkine v. Canada (Minister of Citizenship and Immigration), 2009 FC 496, [2009] 3 F.C.R. D-17 |
IMM-528-08 |
Citizenship and Immigration
Exclusion and Removal
Inadmissible Persons
Special advocate—Visa officer refusing application for temporary resident visa after determining applicant inadmissible to Canada for being engaged in organized or transnational crime—Motion seeking appointment of special advocate to protect applicant’s interests in Immigration and Refugee Protection Act (IRPA), S.C. 2001, c. 27, s. 87 proceedings—Amendments to IRPA making appointment of special advocate mandatory in security certificates proceedings but left to presiding Judge’s discretion in other cases—Charter, legal rights not at stake herein but rather common-law procedural fairness—Nature of individual interests suggesting procedural fairness requirements at lower end of spectrum—Amount of undisclosed information very limited, redacted information minimal—Applicant having access to majority of information on record, aware of substance of information relied upon by visa officer—Affidavits filed by Minister not before officer when decision under review made—Fairness, natural justice not requiring appointment of special advocate herein—Motion dismissed.
Malkine v. Canada (Minister of Citizenship and Immigration) (IMM-528-08, 2009 FC 496, Mactavish J., order dated May 13, 2009, 11 pp.)