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Date: 19980323


Docket: IMM-1589-97

BETWEEN:

     MINH TAM TRAN,

     Applicant,

     - and -

     MINISTER OF CITIZENSHIP

     AND IMMIGRATION,

     Respondent.

     REASONS FOR JUDGMENT

CAMPBELL, J.:


[1]      I find that by the letter dated January 22/96 from the Respondent to the Applicant that a legitimate expectation was created that the Applicant would receive a personal interview before a decision would be made on his application for permanent residence; and I find that this expectation was not extinguished by the Respondent's subsequent letter dated September 3/96; and since the personal interview was not provided prior to th decision herein being made, I find a breach of due process has occurred.


[2]      Accordingly, I hereby set aside the decision of the visa officer dated March 17, 1997, and refer this matter to another visa officer for redetermination, at the place closest to where the Applicant resides, with the direction that the redetermination include a personal interview if the Applicant so wishes.

     "Douglas R. Campbell"

     Judge

CALGARY, Alberta

March 23, 1998

     FEDERAL COURT OF CANADA

     TRIAL DIVISION


Date: 19980323


Docket: IMM-1589-97

BETWEEN:

     MINH TAM TRAN,

     Applicant,

     - and -

     MINISTER OF

     CITIZENSHIP AND IMMIGRATION,

     Respondent.

    

     REASONS FOR ORDER

     AND ORDER

    

     FEDERAL COURT OF CANADA

     TRIAL DIVISION

     NAMES OF COUNSEL AND SOLICITORS ON THE RECORD

COURT FILE NO.:      IMM-1589-97

STYLE OF CAUSE:      Minh Tam Tran v.

     Minister of Citizenship and Immigration

PLACE OF HEARING:      CALGARY, Alberta

DATE OF HEARING:      March 23, 1998

REASONS FOR ORDER AND ORDER OF CAMPBELL, J.

DATED:      March 23, 1998

APPEARANCES:

Mr. Mark A. Gottlieb      for the Applicant

Mr. Brad Hardstaff      for the Respondent

SOLICITORS OF RECORD:

Mr. Mark A. Gottlieb

Calgary, Alberta      for the Applicant

George Thomson

Deputy Attorney General

of Canada

Ottawa, Ontario      for the Respondent


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