Issue 1 What is the standard of review? A determination by an immigration officer of a foreign nationals applicability under section 139 of the Regulations will generally be subject to the deferential standard of reasonableness. The determination of whether the applicant has a durable solution of resettlement in another country requires a review of the applicants circumstances in his or her country of nationality or habitual residence, or in another country. Such a determination is clearly a question of mixed fact and law and is thus subject to review on the standard of reasonableness (see Dunsmuir v. New Brunswick, 2008 SCC 9, [2008] 1 S.C.R. 190).
"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.alexsei.com.