Docket: IMM-1294-15
Citation:
2015 FC 1274
Toronto, Ontario, November 16, 2015
PRESENT: The
Honourable Mr. Justice Campbell
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BETWEEN:
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VAN TRUYEN PHAM
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Applicant
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and
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THE MINISTER OF
CITIZENSHIP AND IMMIGRATION
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Respondent
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JUDGMENT AND REASONS
[1]
On the specific facts of this case, where the
previous visa officer made a finding in law and fact, aside from the factual
and legal issue that was in dispute on the previous judicial review, the
Officer reconsidering the application cannot revisit legal and factual findings
of the previous officer without providing the Applicant with notice and the
opportunity to respond.
[2]
Since no opportunity to respond was provided by
the Officer, I find that the decision under review was made in breach of a duty
of fairness owed to the Applicant.
JUDGMENT
THIS COURT’S JUDGMENT is that the matter
is sent back for redetermination by a different officer. No question for
certification.
"Douglas R. Campbell"
FEDERAL
COURT
SOLICITORS
OF RECORD
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DOCKET:
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IMM-1294-15
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STYLE OF CAUSE:
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VAN TRUYEN PHAM v THE MINISTER OF
CITIZENSHIP AND IMMIGRATION
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PLACE OF
HEARING:
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Toronto, Ontario
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DATE OF
HEARING:
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November 16, 2015
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JUDGMENT
and reasons:
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CAMPBELL J.
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DATED:
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November 16, 2015
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APPEARANCES:
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Mario Bellissimo
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For
The Applicant
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James Todd
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For
The Respondent
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SOLICITORS OF RECORD:
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Bellissimo Law Group LLP
Barristers and Solicitors
Toronto, Ontario
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For
The Applicant
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William F. Pentney
Deputy Attorney General of Canada
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For
The Respondent
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