Is a decision of the Officer not to convoke a hearing on the evidence before him defensible?
Canada (Federal), Canada
The following excerpt is from Lopez Puerta v. Canada (Citizenship and Immigration), 2010 FC 464 (CanLII):
In conclusion, the decision of the Officer not to convoke a hearing on the evidence before him does not fall within a range of possible, acceptable outcomes which are defensible in respect of the facts and law (see Dunsmuir v. New Brunswick, 2008 SCC 9, [2008] 1 S.C.R. 190 at para. 47).
"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
When a hearing officer disagrees with a decision made by the reviewing officer on the issues with which he disagreed with the hearing officer, how will the review officer's decision be considered? (MultiRegion, United States of America)
Can a hearing officer, parole officer, hearing officer and parole official be immunized from prosecution? (MultiRegion, United States of America)
What is the test for "some evidence" to support a decision of a hearing officer? (MultiRegion, United States of America)
What is the test for "some evidence" to support the decision of a hearing officer? (MultiRegion, United States of America)
If a hearing officer fails to recommend discipline, would the hearing board or officer be powerless to impose sanctions? ("New York", United States of America)
Is a visa officer's manager entitled to disagree with an officer's recommendation if the visa officer has not conducted an oral interview? (Canada (Federal), Canada)
What are the implications of a state's decision to preclude the defense of the insanity defense? (MultiRegion, United States of America)
What is the applicable standard of review for an officer to determine whether or not they err by giving more weight to a statement by the Canadian migratory integrity officer in Port-au-Prince than the other documents submitted in evidence? (Canada (Federal), Canada)
Is a visa application entitled to rely upon evidence which was not before the visa officer in the course of making a decision? (Canada (Federal), Canada)
What is the impact of an officer's assessment of central evidence at an oral hearing? (Canada (Federal), Canada)
