What is the impact of the absence of relevant evidence in the reasons of a decision made by the Department of Employment and Immigration?
Canada (Federal), Canada
The following excerpt is from Pineda Sanchez v. Canada (Citizenship and Immigration), 2011 FC 926 (CanLII):
However, the more important the evidence that is not mentioned specifically and analyzed in the agency's reasons, the more willing a court may be to infer from the silence that the agency made an erroneous finding of fact "without regard to the evidence": Bains v. Canada (Minister of Employment and Immigration) (1993), 63 F.T.R. 312 (F.C.T.D.)….
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