Mitov v. Canada ( Minister of Citizenship and Immigration )
IMM-1499-95
Cullen J.
19/2/96
4 pp.
Judicial review of decision applicant, Bulgarian, not eligible for Deferred Removal Orders Class (DROC) within CITIZENSHIP AND IMMIGRATION -Continued Immigration Regulations, 1978, s. 2(1)-Applicant denied Convention refugee status in January, 1992-Apparently letter sent to applicant advising him to report for removal in 1993, but applicant alleging never received notice-Immigration warrant issued-Arrested in 1995-At detention review immigration adjudicator holding insufficient evidence to establish applicant properly advised of removal arrangements-DROC application refused as applicant hindering, delaying removal-Immigration officer refusing to reconsider DROC decision without even reading adjudicator's decision-Application allowed-In arriving at DROC decision immigration officer acting in administrative capacity and must comply with duty of fairness, including obligation to consider all of evidence, including evidence warrant not valid and effectively set aside by immigration adjudicator-Immigration authorities not putting cogent evidence before Court that applicant actually informed subject to removal-Immigration officer further fettered discretion by refusing to read or even consider evidence substantiating applicant's claim-Even though DROC provisions exceptional, government officials not exempted from duty of fairness-Immigration Regulations, 1978, SOR/78-172, s. 2(1) (as am. by SOR/94-681, s. 1).