Mitra v. Canada ( Minister of Citizenship and Immigration )
IMM-3253-95
Rouleau J.
19/11/96
5 pp.
Application to set aside Immigration manager's decision directing immigration inquiry be held regarding applicant, resulting in subsequent removal proceedings against her-Applied for visa pursuant to Foreign Domestic Workers Program, making misrepresentations concerning age, marital status, children-Admitted in Canada and subsequently lived and worked here as domestic worker-Made aware of policy of not instituting removal proceedings against those who were admitted under Program, applicant advised Immigration manager had made misrepresentations-Interviewed-Applicant advised if obtained divorce from husband, would be landed-Inquiry commenced shortly after applicant's counsel contacted Immigration authorities on her behalf-Applicant taking issue with propriety of proceedings-Application allowed-Respondent had in place policy whereby individuals in similar situation to applicant would not be removed-Incumbent on Minister to apply policy to all concerned in even-handed and consistent manner-Applicant making every possible effort to comply with requirements of policy by obtaining necessary divorce from spouse-Evidence indicating element of bad faith on Immigration manager's part and decision to order inquiry made because applicant retained counsel to assist her-Breach of duty of fairness owed to applicant-Decision to order inquiry set aside.