What is the standard of review for a determination by an immigration officer of a foreign national under section 139 of the Regulations?
Canada (Federal), Canada
The following excerpt is from Mushimiyimana v. Canada (Citizenship and Immigration), 2010 FC 1124 (CanLII):
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).
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