• In 2010, Benitez applied for permanent residency for herself, her husband, and their two sons.
• Five years later, she was told her application could be denied because her son might be deemed "inadmissible" by Canadian immigration officials because of an intellectual disability that would place "excessive demand" upon the country's publicly funded health and social services.
• In the Procedural Fairness Letter sent by the immigration officer, Immigration Canada explained that her youngest son could be denied due to "medical inadmissibility." Benitez's youngest son suffers from autism.
• The letter provided by Immigration Canada is designed to give the Applicants, whose application might be denied, a chance to respond in defence of their case.

The Issue

• Benitez argues that the information provided in the Procedural Fairness Letter she received was incomplete. The exact costs of providing treatment for her child are not explicitly mentioned.
• She says this lack of precise information deprives her of her right to complete reasons and impairs her possibility to respond adequately in defence of her case.
• Benitez says she and her husband, if they knew the exact costs of her son's treatment, could demonstrate that they can cover for his needs. However, the vague language of the immigration agent's letter is so vague that they can not put forward a solid argument in their defence.

Task

• She wants to know if her right to procedural fairness has been breached and whether she had legitimate expectations of a different procedural treatment.
• You inform her that you will provide her with a legal memo containing your detailed analysis.

Answer rating: 100% (QA)

Based on the information provided in the search results it appears that Benitezs right to procedural fairness may have been breached in the following ... View the full answer