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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