Packirsamy v. Canada ( Minister of Citizenship and Immigration )
IMM-850-98
Evans J.
17/3/99
11 pp.
Application for judicial review of immigration officer's decision refusing application for permanent residence status from within Canada on humanitarian and compassionate grounds under Immigration Act, s. 114(2)-Applicants, husband and wife, citizens of Sri Lanka, of Tamil ethnicity-Left home in June 1994 in war-torn northern region of Sri Lanka, fled to Colombo-Arrived in Canada in August of that year-Applicant stating situation in Colombo changed for worse since refugee claims refused in October 1995, Post-Determination Refugee Claimants in Canada claims rejected in July 1996-Immigration officer not willing to make final decision on s. 114(2) application until received comments from visa officer in Colombo in response to request-Rejecting applicants' claim as not satisfied they would suffer undue hardship if required to leave Canada-Whether immigration officer breached duty of procedural fairness by relying on communication received from visa officer in Colombo without first disclosing it to applicants, giving them opportunity to respond to it-Immigration officer subject to duty of procedural fairness, including duty on decision-makers to make reasonable disclosure of material on which they propose to rely-Whether communication received by immigration officer about conditions in Colombo "extrinsic evidence" for purpose of rule in Shah v. Canada (Minister of Employment & Immigration) (1995), 29 Imm. L.R. (2d) 82 (F.C.A.)-Decision in Mancia v. Canada (Minister of Citizenship and Immigration), [1998] 3 F.C. 261 (C.A.) not applying to facts herein-Immigration officer breaching duty of fairness in relying on visa officer's opinion without first giving applicant opportunity to respond to it-Unreasonable to expect applicants to provide on ongoing basis additional evidence of changing country conditions acquired after making submissions until informed of decision-Visa officer's opinion likely to be particularly influential with immigration officer-Constituting "novel and significant" evidence which fairness required immigration officer to disclose to applicants for comment before relying on it in rejecting claim under s. 114(2)-Application granted-Immigration Act, R.S.C., 1985, c. I-2, s. 114(2).