Ma v Minister of Public Safety 2009 FC 1042 DUTY TO ALLOW RESPONSE TO CONCERNS

The Applicant entered Canada on a work permit pursuant to the BC Provincial Nominee Program. He enrolled his child in a public school. During the course of the finalization of the application for permanent residence the officer noted that the child required special education. The applicant who had the resources enrolled his son in a private school. The officer doubted the applicant's intention due to the fact he had studied in a public school but did not advise the applicant of his concern. The Court found a breach of natural justice.