Is there any evidence that a Public Prosecutions Officer (PRRA) ignored, misinterpreted or ignored or ignored the evidence?
Canada (Federal), Canada
The following excerpt is from Gnanaseharan v. Canada (Minister of Citizenship and Immigration), 2004 FC 872 (CanLII):
The applicants submit that the Officer ignored or misinterpreted the evidence in respect to the following issues: (1) the risk that the applicants would be detained at the airport upon their return; (2) the letter from the principal applicant's sister; (3) the findings in respect to the peace process; (4) the findings in respect to an internal flight alternative. The respondent submits that there is no evidence that the PRRA Officer failed to consider all of the evidence in respect to these issues. The respondent maintains that it is settled law that an Officer is presumed to have considered all of the evidence it unless it can be shown otherwise. The assessment and weight to be given to the the evidence is a matter within the discretion and expertise of the Officer: Hassan v. MEI (1992), 147 N.R. 317 (FCA).
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