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.
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