Date: 20010914
Docket: IMM-1014-00
Neutral Citation: 2001 FCT 1020
BETWEEN:
CRISTIAN MARCEL VERGARA SOTO
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
SUPPLEMENTARY REASONS ON REQUEST FOR CERTIFICATION
LEMIEUX J.:
[1] After reviewing the written submissions of the parties, I decline to certify the following question proposed by the respondent:
Do the principles of procedural fairness require that the PCDO disclose the risk assessment decision to the person concerned for comment prior to the decision on the PDRCC application being considered final? [emphasis mine]
[2] The reason for so declining is that this question did not arise in the reasons for judgment delivered.
[3] The focus of the respondent's proposed question is on the decision related to the PDRCC application which is within the jurisdiction of the PCDO who is not obligated to circulate his decision on whether the applicant is a member of the PDRCC class for comment.
[4] However, before making that decision the underlying risk analysis report, whether it is made by a third person or by the PCDO must, in accordance with the principles in Haghighi v. Canada (M.C.I.), [2000] 4 F.C. 407, be disclosed to the applicant for comment before the decision is made.
[5] In my view, this proposition is now settled law.
"François Lemieux"
J U D G E
OTTAWA, ONTARIO
SEPTEMBER 14, 2001
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