Bastanfar v. Canada ( Minister of Citizenship and Immigration )
IMM-3061-95
Simpson J.
22/4/96
3 pp.
Application for judicial review of immigration officer's decision applicant not member of Post Determination Refugee Claimant in Canada Class (PDRCC Class)-Notified by covering letter and reasons-Covering letter stating, in error, applicant had returned to Iran and, also in error, applicant had been determined member of PDRCC Class-Nowhere question of return to Iran-Error obvious-On other hand, reasons internally consistent and clearly indicating applicant not member of PDRCC Class-Officer's affidavit explaining had mistakenly generated wrong form letter on computer-Timbo v. Canada (Minister of Citizenship and Immigration), [1996] 1 F.C. D-36 (T.D.) distinguished although fact situation similar-Here, obvious mistake had been made-Letter showed error on its face-Applicant cannot benefit from manifest technical error-Federal Court Act, s. 18.1(5) applicable herein-Application dismissed-Federal Court Act, R.S.C., 1985, c. F-7, s. 18.1(5) (as enacted by S.C. 1990, c. 8, s. 5).