What is the standard of review on findings of the availability of state protection?

Canada (Federal), Canada

The following excerpt is from King v. Canada (Minister of Citizenship and Immigration), 2005 FC 774 (CanLII):

Standard of Review The respondent submitted that the applicable standard of review on findings of the availability of state protection is patent unreasonableness (Alfaro-Argueda v. Canada (Minister of Citizenship and Immigration) 2004 FC 112).

Other Questions


If a court finds that a plaintiff has been denied a right to sue under a different legal standard than under the current standard of care, can the finding be reviewed? (MultiRegion, United States of America)
When a state prisoner has defaulted on his federal claim in a state court pursuant to an independent and adequate state procedural rule, can he seek a federal habeas review of the claim? (MultiRegion, United States of America)
Is the Secretary of State's findings of fact reviewable on review? (MultiRegion, United States of America)
What is the current standard of review for a federal court to review a state conviction for habeas consideration under AEDPA? (MultiRegion, United States of America)
Is a factual finding from a state court relevant to the federal court review if the relevant record is unavailable for review? (MultiRegion, United States of America)
Can a state prisoner obtain federal habeas relief against a state court's finding that the state court was wrong? (MultiRegion, United States of America)
What is the case law on a claim that a claimant has not rebutted the availability of state protection where the claimant has made no effort whatsoever to seek protection? (Canada (Federal), Canada)
When a state prisoner has defaulted on his federal claim in a state court pursuant to an independent and adequate state procedural rule, can he seek federal habeas review of the claim? (MultiRegion, United States of America)
Does a state court have the authority to interpret the findings of a federal court when determining whether a federal judge has found that a state judge has jurisdiction to interpret a federal finding? (MultiRegion, United States of America)
Can a decision maker such as the Immigration Officer on an application for permanent residents in Canada be reviewed on a higher standard of review of patent unreasonableness? (Canada (Federal), Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.