Does a Minister have an obligation to disclose a Memorandum to the Applicant so that the applicant can file a rebuttal?

Canada (Federal), Canada

The following excerpt is from Kishavarz v. Canada (Minister of Citizenship and Immigration), 2000 CanLII 16080 (FC):

In my view, there was no obligation on the part of the Minister to disclose the Memorandum in question to the applicant so as to allow him to file a rebuttal. The information before the Minister was already known to the applicant, except, of course, for the conclusion offered by the Deputy Minister (see Esse v. Canada)2. The applicant was given the opportunity to file all the information and arguments he wished to tender. The Minister had before him all the background material necessary to make a decision. He found that the admission of the applicant could be detrimental to the national interest. It cannot be said that his decision was unreasonable.

Other Questions

If an applicant succeeds in his res judicata application, does the application have grounds to stay the application? (Canada (Federal), Canada)
Is the panel’s decision that a Minister of Justice should not be allowed to appoint a Minister for Employment and Immigration (e.g. Minister of Work and Pensions) to the Minister of Employment and Training (Employment), or is the panel's decision patently unreasonable? (Canada (Federal), Canada)
Does a Minister's Minister of Employment and Immigration (Minister of Employment & Immigration) need to be appointed a Minister of Justice? (Canada (Federal), Canada)
Can a Minister of Employment and Immigration (minister of employment and immigration) bring a claim against the Minister of Justice for Ministerial Responsibility for Immigration and Refugee Protection Division in a federal civil case? (Canada (Federal), Canada)
Under what circumstances will the Minister of Employment and Immigration be allowed to continue to be a Minister of Justice in the context of the Minister’s Accessibility Guidelines? (Canada (Federal), Canada)
What is the applicable standard of review for the purpose of determining an applicant's application for employment? (Canada (Federal), Canada)
What is the impact of the interpreter at the hearing of an applicant's application for a disability benefits application? (MultiRegion, United States of America)
Does an applicant have an obligation to consider potential immigrants as "investors" as an alternative to applications for admission as "entrepreneurs"? (Canada (Federal), Canada)
What are the limits on the amount of time that a court can extend an application to extend the application for an extension of the application? (Canada (Federal), Canada)
Is it a breach of procedural fairness for the Minister of Employment and Immigration to dispose of an application before disposing of the application? (Canada (Federal), Canada)

Whitelogo nobg 300dpi sm

"The most advanced legal research software ever built."

Trusted by top litigators from across North America.