Singh v. Canada ( Minister of Citizenship and Immigration )
IMM-6546-98
McGillis J.
23/6/99
11 pp.
Judicial review of Minister's decision applicant consti-tuting danger to security of Canada within meaning of Immigration Act, s. 53(1)(b)-On August 28, 1998 applicant served with letter providing notice of intention to seek Minister's opinion, requesting applicant make submissions on or before September 12, 1998-By letter dated September 10, 1998 applicant's counsel writing to address in letter, enclosing copy of letter to Minister containing submissions on whether danger to security of Canada-Even though received outside time limit, Minister accepting submissions for consideration-On September 14, 1998 Amnesty International faxed letter to applicant stating applicant should not be returned to India because would be at risk of serious human rights violations, in particular imprisonment, torture because of allegations against him-Applicant forwarding letter to Minister by letter dated October 23, 1998-By letter dated December 4, 1998 Deputy Minister of Department recommending to Minister that she issue opinion applicant constituting danger to security of Canada-Minister forming opinion on December 9, 1998-Letter from Amnesty International never provided to Minister prior to making of her decision under s. 53(1)(b)-Basic tenets of procedural fairness required Minister to review, consider letter from Amnesty International in making her decision under s. 53(1)(b), particularly given that letter forwarded to ministerial office over one month before made decision-Requirements of procedural fairness cannot be frustrated or negated by apparent bureaucratic inefficiencies in operation of Minister's correspondence unit-Minister's decision quashed, matter remitted to her for reconsideration-Immigration Act, R.S.C., 1985, c. I-2, s. 53(1)(b) (as am. by S.C. 1992, c. 49, s. 43).