Fung and Szeto v. Minister of Employment and Immigration, (1986) 4 F.T.R. 118 (TD)

• Court: Federal Court (Canada)
• Case Date: January 13, 1986
• Jurisdiction: Canada (Federal)
• Citations: (1986), 4 F.T.R. 118 (TD)

Fung v. MEI (1986), 4 F.T.R. 118 (TD)

MLB headnote and full text

Fung, Fung and Szeto v. Minister of Employment and Immigration and Secretary of State for External Affairs

(No. T-1472-85)

Indexed As: Fung and Szeto v. Minister of Employment and Immigration

Federal Court of Canada

Trial Division

Jerome, A.C.J.

April 3, 1986.

Summary:

Fung, a resident of Hong Kong, applied for permanent residence in Canada. Medical tests required by the immigration officials revealed that Fung had tuberculosis. Immigration officials required Fung to undergo a one year course of treatment, but rejected his application before the treatment period expired and considered the results of only a small portion of the medical tests performed. Fung applied for certiorari to quash the decision and mandamus to compel the officials to consider and process his application.

The Federal Court of Canada, Trial Division, allowed the application. The court held that Fung was not treated fairly where the decision was made on only a portion of the tests required and before the treatment period expired.

Administrative Law - Topic 2266

Natural justice - Duty of fairness - Procedural fairness - What constitutes - Fung applied for permanent residence - Medical tests required by immigration officials revealed that Fung had tuberculosis - The officials required Fung to undergo a one year course of treatment, but rejected his application before the treatment was complete and considered only a portion of the available test results - The Federal Court of Canada, Trial Division, quashed the rejection of his application, because Fung had not been treated fairly.

Administrative Law - Topic 5016

Judicial review - Certiorari - Grounds for granting - Failure to consider or take something into account - Fung applied for permanent residence - Medical tests required by immigration officials revealed that Fung had tuberculosis - The officials required Fung to undergo a one year course of treatment, but rejected his application before the treatment was complete and considered only a portion of the available test results - The Federal Court of Canada, Trial Division, quashed the rejection of his application, because Fung had not been treated fairly.

Statutes Noticed:

Immigration Act, S.C. 1976-77, c. 52, sect. 19(1)(a)(i) [para. 2].

Counsel:

C. Rotenberg, Q.C., and D. Smith, for the applicants;

C. Kobernick, for the respondents.

Solicitors of Record:

Cecil L. Rotenberg, Q.C., Toronto, Ontario, for the applicants;

Frank Iacobucci, Q.C., Deputy Attorney General of Canada, Ottawa, Ontario, for the respondents.

This application was heard on January 13, 1986, at Toronto, Ontario, before Jerome, A.C.J., of the Federal Court of Canada, Trial Division, who delivered the following judgment on April 3, 1986.