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Marques v. Canada ( Minister of Citizenship and Immigration )

IMM-3137-95

Rouleau J.

23/8/96

5 pp.

At hearing of application to review Immigration officer's decision not to recommend applicant be allowed to apply for permanent residence from within Canada on humanitarian and compassionate grounds, respondent consented to application-Issue whether applicant entitled to costs (no costs unless Court, for special reasons, so orders)-Costs awarded-Decision followed Court order (Marques v. Canada (Minister of Citizenship & Immigration) (1995), 27 Imm. L.R. (2d) 209 (F.C.T.D.)) applicant's case be returned and re-examined by differently constituted panel for "rehearing and reconsideration"-Officer did not comply with Court order-Officer prejudged matter, did not have open mind and displayed hostility and anger toward applicant-Conduct reprehensible and must not go uncensured-Special reasons to award costs.

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