What is the duty of fairness of a Minister's Delegate in a danger opinion case?
Canada (Federal), Canada
The following excerpt is from Krishnan v. Canada (Citizenship and Immigration), 2007 FC 846 (CanLII):
The law is clear: the duty of fairness does not change the obligation of a person who is the subject of a danger opinion to put all material that he or she wishes to have considered before the Minister’s Delegate who is the decision maker in this case. The burden of proof rests with the applicant. See Kante v. Canada (Minister of Employment and Immigration), [1994] F.C.J. No. 525. This principle has been followed constantly.
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