In what circumstances will a Minister of Employment and Immigration be dismissed from an appeal?

Canada (Federal), Canada

The following excerpt is from Radha v. Canada (Minister of Citizenship and Immigration), 2003 FC 1040 (CanLII):

In Lanlehin v. Canada (Minister of Employment and Immigration) (FCA), [1993] F.C.J. No. 207, Décary J.A. states: These questions were not, however, raised by the appellant in his memorandum, and it may be that, had the respondent known in time, she would have been able to explain the contradictions that are apparent on the record. At this point, we cannot assume that the decision is invalid and we are of the opinion, in the circumstances, that the appeal should be dismissed.

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