What is the test for withholding relief in the face of a breach of procedural fairness?
Canada (Federal), Canada
The following excerpt is from Ayele v. Canada (Citizenship and Immigration), 2007 FC 126 (CanLII):
Second, the withholding of relief in the face of a breach of procedural fairness is exceptional. The right to a fair hearing has been described as "an independent, unqualified right which finds its essential justification in the sense of procedural justice which any person affected by an administrative decision is entitled to have”. See: Cardinal v. Kent Institution, 1985 CanLII 23 (SCC), [1985] 2 S.C.R. 643 at page 661.
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