Zhang v. Canada ( Minister of Citizenship and Immigration )
IMM-2551-97
Tremblay-Lamer J.
15/6/98
6 pp.
Application for judicial review of Immigration officer's (IO) decision rejecting "humanitarian and compassionate grounds" application under Act, s. 114(2) to warrant processing application for permanent residence from within Canada-Applicant came to Canada in 1991 and claimed refugee status-Claim denied in April 1992 and leave to appeal Board's decision dismissed by Federal Court in September 1992-In June 1992, RCMP advised immigration authorities applicant wanted on arrest warrant issued by Chinese authorities for embezzlement of 1.6 million RMB Yuan from Chinese bank-As result, s. 27 report written alleging applicant had breached Act, s. 19(1)(c.1)(ii)-In May 1994, applicant married Canadian citizen and in October 1994, gave birth to daughter-After interview and further investigation, IO determined applicant criminally inadmissible-Applicant alleging IO breached duty of fairness as did not inform applicant of existence of warrant for arrest prior to making final determination, thereby not giving applicant opportunity to make representations regarding evidence-Application dismissed-Meaning of "extrinsic evidence": evidence of which applicant had no knowledge and on which immigration officer intending to rely in making decision affecting applicant-Here, even though applicant not shown actual copy of arrest warrant, applicant was asked about allegations of embezzlement against her in China and other elements of allegations, and given opportunity to respond-Arrest warrant contained no new information not known to applicant-Therefore, cannot be said IO failed to comply with duty of fairness-Immigration Act, R.S.C., 1985, c. I-2, ss. 19(1)(c.1)(ii) (as enacted by S.C. 1992, c. 49, s. 11), 114(2) (as am. idem, s. 102).