Patel v. Canada (Minister of Citizenship and Immigration)

• Jurisdiction: Federal Jurisdiction (Canada)
• Court: Federal Court (Canada)
• Judge: Boswell, J.
• Citation: 2015 FC 900,[2015] F.T.R. TBEd. JL.056
• Date: 29 April 2015

Patel v. Can. (M.C.I.), [2015] F.T.R. TBEd. JL.056

MLB being edited

Currently being edited for F.T.R. - judgment temporarily in rough form.

Temp. Cite: [2015] F.T.R. TBEd. JL.056

Dharmendrakumar Chandrakantbhai Patel (applicant) v. The Minister of Citizenship and Immigration (respondent)

(IMM-2786-14; 2015 FC 900)

Indexed As: Patel v. Canada (Minister of Citizenship and Immigration)

Federal Court

Boswell, J.

July 23, 2015.

Summary:

Patel, a citizen of India, applied for permanent residence as a member of the federal skilled worker class in June 2010. In August 2013, a program assistant at the High Commission of Canada in New Delhi allegedly sent Patel an email, asking him to submit several documents within 45 days. Patel allegedly did not receive the email. A visa officer refused Patel's application in February 2014, noting that Patel had not submitted any of the documents requested in August 2013. Patel applied for judicial review.

The Federal Court allowed the application and remitted the matter for reconsideration by a different visa officer. The Minister of Citizenship and Immigration failed to prove that the August 2013 was sent. There was no copy of the email in the certified tribunal record, and the program assistant's affidavit did not include a printout of his sent box which could confirm that an email was sent to the correct address. It was procedurally unfair to expect Patel to supply information requested in an email that he never received. Where the evidence readily showed that there had been a mistake, the Minister should have granted Patel's request to re-open the application in order to receive the required documentation. The Minister should not have opposed Patel's application for judicial review. Patel was awarded costs of $3,000 in light of these special circumstances.

Administrative Law - Topic 2266

Natural justice - The duty of fairness - What constitutes procedural fairness - See paragraphs 10 to 42.

Aliens - Topic 1230

Admission - Immigrants - Application for admission - Immigrant visa - Duty of officer (incl. duty of fairness) - See paragraphs 10 to 42.

Aliens - Topic 1230.4

Admission - Immigrants - Application for admission - Immigrant visa - Skilled workers - See paragraphs 10 to 42.

Aliens - Topic 4106

Practice - Costs - To or against Minister, Crown, Canada, etc. - See paragraphs 43 to 47.

Counsel:

Karen Kwan Anderson, for the applicant;

Christopher Crighton, for the respondent.

Solicitors of Record:

Pace Law Firm, Toronto, Ontario, for the applicant;

William F. Pentney, Deputy Attorney General of Canada, Toronto, Ontario, for the respondent.

This application for judicial review was heard at Toronto, Ontario, on April 29, 2015, before Boswell, J., of the Federal Court, who delivered the following judgment and reasons at Ottawa, Ontario, on July 23, 2015.