Date: 20000127
Docket: IMM-2132-99
BETWEEN:
HSIEN-MING CHANG
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER
REED J.: (orally)
[1] I have been persuaded that there was a breach of the duty of fairness owed to the applicant, by not giving him a reasonable period of time within which to submit the documents requested in the December 22, 1998, letter.
[2] I agree with counsel for the applicant that an assessment of whether a reasonable amount of time was given (whether a breach of the principles of fairness occurred) must be assessed in the light of all the circumstances.
[3] In this case, the letter seeking further documentation was sent on December 22, 1998, the commencement of the holiday season when many people are out of their offices and involved with family celebrations. The applicant"s pattern of behaviour in responding to earlier requests from the respondent, for additional documentation, had been to do so in a timely fashion. The earlier requests had, in general, contained an explicit reference to the sanctions that could be imposed if the required time limit was not met. No such sanctions clause was included in the December 22, 1998, letter. The applicant was entitled to assume (to have a reasonable expectation) that when sanctions were to be imposed, the respondent"s procedure was to notify the person that this was the case in the request letter.
[4] The respondent itself has not proceeded with dispatch in processing the applicant"s application (four years had passed since the applicant filed his application).
[5] Counsel for the applicant contacted the respondent on February 22, 1999, stating that his client was unable to meet the 60 day time limit set out in the December 22, 1998, letter because he was having difficulty locating the documents, and he asked for an extension of the 60 days.
[6] Not responding to this request and moving, precipitously, to reject the applicant"s application on March 16, 1999, because of non-compliance with the 60 day time limit, was in the circumstances a breach of the duty of fairness owed to the applicant.
"B. Reed"
J.F.C.C.
TORONTO, ONTARIO
January 27, 2000
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
| COURT NO: IMM-2132-99 |
| STYLE OF CAUSE: HSIEN-MING CHANG |
- and -
THE MINISTER OF CITIZENSHIP
| AND IMMIGRATION |
| DATE OF HEARING: THURSDAY, JANUARY 27, 2000 |
| PLACE OF HEARING: TORONTO, ONTARIO |
| REASONS FOR ORDER BY: REED J. |
DATED: THURSDAY, JANUARY 27, 2000
| APPEARANCES: Ms. Pamila Ahlfeld |
| For the Applicant |
| Ms. Susan Nucci |
| For the Respondent |
| SOLICITORS OF RECORD: Pamila Ahlfeld |
Barrister & Solicitor
45 Sheppard Avenue East
Toronto, Ontario
M2N 5W9
| For the Applicant |
| Morris Rosenberg |
Deputy Attorney General of Canada
| For the Respondent |
FEDERAL COURT OF CANADA
Date: 20000127
Docket: IMM-2132-99
Between:
| HSIEN-MING CHANG |
Applicant
- and -
THE MINISTER OF CITIZENSHIP
| AND IMMIGRATION |
Respondent
REASONS FOR ORDER