Judicial review granted due to procedural fairness breach from missing documents in the tribunal record.
The applicant sought judicial review of a decision refusing her application for permanent residence on humanitarian and compassionate grounds based on her need for post-transplant kidney care.
At the hearing, the Court noted that several documents submitted by the applicant, including a key physician's letter, were missing from the Certified Tribunal Record.
Applying the second scenario from Togtokh v Canada, the Court found a breach of procedural fairness because the documents were submitted but it was unclear if they were before the decision-maker.
The application was granted and the matter remitted for redetermination.
