2015 FC, 2015 FC 1274

Date: 20151116 Docket: IMM-1294-15 Citation: 2015 FC 1274 Toronto, Ontario, November 16, 2015 PRESENT: The Honourable Mr.

Justice Campbell BETWEEN: VAN TRUYEN PHAM Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent JUDGMENT AND REASONS [ 1 ] On the specific facts of this case, where the previous visa officer made a finding in law and fact, aside from the factual and legal issue that was in dispute on the previous judicial review, the Officer reconsidering the application cannot revisit legal and factual findings of the previous officer without providing the Applicant with notice and the opportunity to respond. [ 2 ] Since no opportunity to respond was provided by the Officer, I find that the decision under review was made in breach of a duty of fairness owed to the Applicant.

JUDGMENT THIS COURT’S JUDGMENT is that the matter is sent back for redetermination by a different officer. No question for certification. "Douglas R. Campbell" Judge FEDERAL COURT SOLICITORS OF RECORD DOCKET: IMM-1294-15 STYLE OF CAUSE: VAN TRUYEN PHAM v THE MINISTER OF CITIZENSHIP AND IMMIGRATION PLACE OF HEARING: Toronto, Ontario DATE OF HEARING: November 16, 2015 JUDGMENT and reasons: CAMPBELL J. DATED: November 16, 2015 APPEARANCES : Mario Bellissimo For The Applicant James Todd For The Respondent

SOLICITORS OF RECORD : Bellissimo Law Group LLP Barristers and Solicitors Toronto, Ontario For The Applicant William F. Pentney Deputy Attorney General of Canada For The Respondent