Henry Global Immigration Services v. Canada ( Minister of Citizenship and Immigration )
IMM-2306-98
Gibson J.
26/11/98
14 pp.
Application for judicial review of alleged decision made by Canadian Consulate General in Hong Kong-Decision-maker advising applicant all correspondence regarding its clients sent directly to their residential addresses-Applicant's clients applicants for landing in Canada then resident, in most if not all cases, in People's Republic of China-Alleged decision dated April 24, 1998-Applicant consultant in immigration matters with client-base consisting of persons seeking permanent residence in Canada, virtually all citizens of People's Republic of China-Consulate General receiving number of complaints, alleged complaints, against applicant from clients, former clients-Alleged decision to deal only with applicant's clients at home addresses, not to correspond with applicant taken without acknowledging applicant's concerns-Decision-maker acting as "federal board, commission or other tribunal" when writing letter of April 24, 1998 to applicant-Letter not merely informational-As between respondent, applicant, decision reflected in letter of April 24, 1988, disposed of "substantive question" placed before respondent by applicant-Letter constituting reviewable decision-Applicant person "directly affected" by "decision" under Federal Court Act, s. 18.1(1)-"Decision" under review precluding, seriously impeding applicant from performing advisory role to applicants for landing-Raising justiciable issue-Applicant having standing to bring application for judicial review-Only reviewable error alleged on behalf of applicant decision-maker failed to observe principle of natural justice, procedural fairness, other procedure required by law to observe-Content of duty of fairness herein minimal-No reviewable error made by respondent in arriving at decision under review-Application dismissed-Federal Court Act, R.S.C., 1985, c. F-7, s. 18.1 (as enacted by S.C. 1990, c. 8, s. 5).