What is the test for notice of an application and an opportunity to respond?
Canada (Federal), Canada
The following excerpt is from Phillip v. Canada (Citizenship and Immigration), 2008 FC 19 (CanLII):
If any support is needed for the obvious proposition that the Applicant was entitled to notice of this document and an opportunity to respond, it can be found in Bara v. Canada (Minister of Citizenship and Immigration), [1998] F.C.J. No. 992 at paragraph 15 (per Richard A.C.J. as he then was): The officer is not required to put before the applicant any tentative conclusions he may be drawing from the material before him, not even as to apparent contradictions that concern him. However, if he relies on extrinsic evidence, not brought forward by the applicant, he must give him a chance to respond to the evidence.
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