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Nguyen v. Canada ( Minister of Citizenship and Immigration )

IMM-3538-94

Gibson J.

6/10/95

9 pp.

Applicants, Vietnamese citizens resident in refugee camp in Hong Kong, having fled country in 1989-Application for judicial review of visa officer's decision refusing applications for permanent residence as members of Indochinese Designated Class category-Applications allowed-Applicants could not reasonably prepare for interview as not given reasonable notice, in breach of duty of fairness-Fact applicant had opportunity to subsequently submit written material not curing defect-Furthermore, visa officer exercised discretion on grounds unrelated to purposes for which humanitarian and compassionate grounds discretion granted-Wrong for visa officer to compare humanitarian and compassionate factors applicable herein to those applicable in cases of twenty-two thousand others in similar camps as comparison irrelevant.

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