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Prasad v. Canada

Bobby Nilesh Prasad applied for the Canada Recovery Benefit (CRB), but the Canada Revenue Agency (CRA) determined that he was not eligible due to not meeting the minimum income requirement of $5,000 in 2019, 2020, or the 12 months prior to his application. Mr. Prasad requested a second review, and a CRA manager asked him for additional documents to verify his income. However, no deadline was provided for submitting these documents. Over the next few weeks, Mr. Prasad left several voicemails for the manager, explaining that he was in the process of obtaining the requested documents. Approximately three weeks after the manager's request, Mr. Prasad's application was refused for not meeting the income eligibility criteria. However, on the same day that he received the refusal letter, Mr. Prasad had submitted the requested documents to the CRA. The main issue in this judicial review is whether the CRA violated procedural fairness by not giving Mr. Prasad a genuine opportunity to respond to its concerns. The court agrees with Mr. Prasad that the handling of his application was unfair. Despite his attempts to address the CRA's concerns and his proactive communication about his progress in obtaining the requested documents, his application was refused without further notice regarding the documents. As a result, the application for judicial review is allowed, and the case is sent back to be reconsidered by a different decision-maker.

BOBBY PRASAD
Law Firm / Organization
Not specified
ATTORNEY GENERAL OF CANADA
Law Firm / Organization
Not specified
Lawyer(s)

Lalli Deol

Federal Court
T-622-22
Taxation
Not specified/Unspecified
Applicant