What are the consequences of a Minister’s failure to refer to explanations to a Delegate in the letter dated February 24, 2006?
Canada (Federal), Canada
The following excerpt is from Nguyen v. Canada (Public Safety and Emergency Preparedness), 2007 FC 1286 (CanLII):
Unless there is evidence to the contrary, decision‑makers are presumed to have considered all the material before them (Florea v. Canada (Minister of Employment and Immigration), [1993] F.C.J. No. 598 (FCA)); thus, the mere fact that the delegate did not refer to these explanations in the letter dated February 24, 2006, provides no basis to conclude that the Minister’s delegate did not take them into consideration.
"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 the panel’s decision that a Minister of Justice should not be allowed to appoint a Minister for Employment and Immigration (e.g. Minister of Work and Pensions) to the Minister of Employment and Training (Employment), or is the panel's decision patently unreasonable? (Canada (Federal), Canada)
Does a Minister's Minister of Employment and Immigration (Minister of Employment & Immigration) need to be appointed a Minister of Justice? (Canada (Federal), Canada)
Under what circumstances will the Minister of Employment and Immigration be allowed to continue to be a Minister of Justice in the context of the Minister’s Accessibility Guidelines? (Canada (Federal), Canada)
Can a Minister of Employment and Immigration (minister of employment and immigration) bring a claim against the Minister of Justice for Ministerial Responsibility for Immigration and Refugee Protection Division in a federal civil case? (Canada (Federal), Canada)
Does a fact-finder have to credit an applicant's explanation that his wife omitted details in a letter because she was afraid that the police would read the letter? (MultiRegion, United States of America)
What are the consequences if plaintiff fails to comply with a written warning of the consequences of failure? (MultiRegion, United States of America)
Does a prosecutor have to avoid indirect reference to the failure of a defendant to testify? (MultiRegion, United States of America)
What date is the relevant date to assess the ground of opposition? (Canada (Federal), Canada)
Does the date as of which a covered policy is renewed need to be determined by the actual date of the policy's renewal? (MultiRegion, United States of America)
Can a failure to comply with a government regulation be a defense to a subsequent failure to submit to induction? (MultiRegion, United States of America)
