
Fabbiano v. Canada (Citizenship and Immigration), 2014 FC 1219 : Admissibility Proceedings Stayed Because Delay Caused Serious Prejudice to Long-Term Permanent Resident
The Federal Court reviewed inadmissibility proceedings against a permanent resident who had lived in Canada for more than 50 years and was alleged to be a member of the Hells Angels. The Court found that the government’s lengthy delay in communicating the referral for an admissibility hearing caused serious prejudice and amounted to an abuse of process. Key Principle An excessive administrative delay can amount to an abuse of process where it causes actual prejudice and undermines the fairness or integrity of the justice system. This is particularly important where a long-term permanent...
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