Date: 19980716
Docket: IMM-3198-97
BETWEEN
DEOKIE KUMARIE RAMKISSOON
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
McDONALD, J.A.
[1] The application for judicial review is allowed.
[2] The rules of procedural fairness require the department to inform applicants that they are precluded from dealing with their chosen representatives under the Privacy Act and that no information on the file will be disclosed to these representatives. As the applicant was not informed of this fact she was denied procedural fairness.
[3] The decision of the Consulate General in Buffalo, New York, dated April 3, 1997 is set aside and the Respondent is directed to consider and process the application for the applicant for permanent residence to Canada in accordance with the Immigration Act and the Regulations.
"F.J. McDonald"
J.A.
Toronto, Ontario
July 16, 1998
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-3198-97
| STYLE OF CAUSE: DEOKIE KUMARIE RAMKISSOON |
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
DATE OF HEARING: JULY 16, 1998
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER BY: McDONALD, J.A.
DATED: JULY 16, 1998
APPEARANCES:
Mr. Joseph Farkas
For the Applicant
Ms. Sally Thomas
For the Respondent
SOLICITORS OF RECORD:
Joseph Farkas
Barrister & Solicitor
309-3089 Bathurst Street
North York, Ontario
M6A 2A4
For the Applicant
George Thomson
Deputy Attorney General
of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 19980716
Docket: IMM-3198-97
Between:
| DEOKIE KUMARIE RAMKISSOON |
Applicant
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
REASONS FOR ORDER