Does a panel member breach their own house on the questions of findings of fact, credibility and weight to be given to the evidence?
Canada (Federal), Canada
The following excerpt is from Hassan v. Canada (Citizenship and Immigration), 2007 FC 1324 (CanLII):
As a matter of law, panel members are “masters in their own house”, on the questions of findings of fact, credibility and on weight to be given to the evidence: Zhou v. Canada (Minister of Employment and Immigration), [1994] F.C.J. No. 1087 (F.C.A.). The member did not breach this rule in this case. CONCLUSION
"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 test for a finding that all parties involved in a breach of fiduciary duty were fully aware of all facts at the time of the alleged breach of duty? (MultiRegion, United States of America)
What is sufficient evidence to cause adverse credibility determination and call into question the credibility of the witness? (MultiRegion, United States of America)
What is the test for credibility in findings of fact and inferences drawn from the facts? (Canada (Federal), Canada)
Does the fact that the area outside the house is within the curtilage of the home bar the police from viewing the front door of the house, or does the area surrounding the house have to be cordoned off by the police? ("New York", United States of America)
Can a panel's finding on the lack of credibility of a claimant be based on efforts to obtain documentary corroboration? (Canada (Federal), Canada)
How has the court treated the argument that the court improperly attributed more weight to circumstantial evidence than to direct evidence? (MultiRegion, United States of America)
How have courts reviewed findings of fact on a motion to suppress evidence for clear error? (MultiRegion, United States of America)
Does the Appeal Panel breach the principles of procedural fairness by selectively quoting from the supporting documentation rather than reviewing the evidence objectively? (Canada (Federal), Canada)
When will a court review a finding of fact in a motion to suppress evidence? (MultiRegion, United States of America)
What is the agency’s burden of explanation when it refers to evidence that contradicts its finding of fact? (Canada (Federal), Canada)
