Is there any error of law in reaching the decision under review on the functus principle?
Canada (Federal), Canada
The following excerpt is from Tchassovnikob v. Canada (Minister of Citizenship and Immigration), 1998 CanLII 8224 (FC):
Regarding whether an error of law has been made in reaching the decision under review on the functus principle, I find the decision of Cullen J. in Chan v. MCI 1996 CanLII 4070 (FC), [1996] 3 F.C. 349 to be a compelling authority. In that case, Cullen J. decided that a visa officer has jurisdiction to reconsider a decision made, particularly when new information comes to light.
"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
What is the standard of review for error review in a motion where the error was not recognized or analyzed for harmlessness? (MultiRegion, United States of America)
In reviewing the application of a sophisticated means enhancement, what is the difference between a de novo review and a clear error review? (MultiRegion, United States of America)
For the purposes of denying a motion for judicial review of a decision by the Board of Arbitration for Justice denying an application to review the denial of the motion, in what circumstances will the motion be reviewed? (MultiRegion, United States of America)
What is the standard of review for "plain error review" in the context of a claim for damages arising out of an error of judgment? (MultiRegion, United States of America)
Is a reconsideration decision not to be reviewed during a judicial review of an initial decision? (Canada (Federal), Canada)
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)
What is the scope of judicial review of a decision made by the Federal Environmental Protection Agency against a request by the Sierra Club for a judicial review? (MultiRegion, United States of America)
Is a petitioner who has procedurally defaulted by not raising a claim on direct review or collateral review barred from raising it on collateral review? (MultiRegion, United States of America)
What is the "plain error" standard of review in the context of a motion to overturn a finding of error at the Court of Appeal? (MultiRegion, United States of America)
What is the standard of review applicable to review of a decision of an adjudicator appointed pursuant to the Canada Labour Code? (Canada (Federal), Canada)
