Governments have a duty of procedural fairness when enforcing undertakings given to sponsor a relative’s immigration

Today's decision in Mavi v. Canada (Attorney General), 2009 ONCA 794 considers whether governments must exercise discretion on a case-by-case basis and comply with a duty of procedural fairness when enforcing undertakings given to sponsor a relative's immigration to Canada. 

In a lengthy, careful, but somewhat surprising, decision the Court held that governments have a duty to consider fairness when enforcing a sponsorship debt.  These debts are not enforced as mere contractual obligations. 

The Court's conclusion follows:

(iii)                        Canada and Ontario owe sponsors a duty of procedural fairness when enforcing sponsorship debt; and

(iv)                        the duty of procedural fairness includes: a) an obligation to provide sponsors with a process for explaining their own and their sponsored relative's relevant personal and financial circumstances; b) an obligation to consider those circumstances; and c) an obligation to inform any sponsor who makes submissions that their submissions have been considered and of the decision that was made.