Is a question of procedural fairness reviewed as a matter of law?
Canada (Federal), Canada
The following excerpt is from Uppal v. Canada (Minister of Citizenship and Immigration), 2006 FC 338 (CanLII):
A question of procedural fairness is reviewed as a question of law. No deference is due. The decision-maker has either complied with the content of the duty of fairness appropriate for the particular circumstances, or has breached the duty: Sketchley v. Canada(Attorney General) 2005 FCA 404; 144 A.C.W.S. (3d) 509. D. Analysis
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a petitioner who has procedurally defaulted by not raising a claim on direct review or collateral review barred from raising it on collateral review? (MultiRegion, United States of America)
Can a breach of the duty of procedural fairness be reviewed on the correctness standard? (Canada (Federal), Canada)
What is the standard of review applied when procedural fairness is breached? (Canada (Federal), Canada)
What is the procedure upon finding a reviewable error on judicial review? (Canada (Federal), Canada)
Does the Appeal Panel breach the principles of procedural fairness by selectively quoting from the supporting documentation rather than reviewing the evidence objectively? (Canada (Federal), Canada)
What is the standard of review applicable to the issue of procedural fairness? (Canada (Federal), Canada)
In reviewing the application of a sophisticated means enhancement, what is the difference between a de novo review and a clear error review? (MultiRegion, United States of America)
When reviewing the dismissal of a complaint for lack of subject matter jurisdiction, how do we review the factual findings and legal conclusions de novo? (MultiRegion, United States of America)
Can a petitioner who has had a full and fair review of his Fourth Amendment claims in state court seek to have those claims reviewed by the federal appeals court? (MultiRegion, United States of America)
What is the standard of review for the purpose of determining procedural fairness? (Canada (Federal), Canada)
