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The IAD can, however, exercise its discretion to allow an appeal of inadmissibility for misrepresentation if it is satisfied that, taking into account the best interests of a child directly affected by the decision, there are sufficient H&C considerations to warrant special relief in light of all the circumstances of the case (IRPA, paragraph 67(1)(c)). [17]   In conducting an H&C analysis, the IAD must consider the Ribic factors (Ribic v Canada (Minister of Employment and Immigration), [1985] IABD No 4 (Immigration Appeal Board)). ... Gao argues that the IAD ignored evidence and relied on irrelevant considerations in its assessment of the misrepresentation, remorse, establishment, hardship and BIOC, and that these errors led to an unreasonable exercise of discretion under paragraph 67(1)(c) of IRPA. ...

It was insufficient for the RPD to simply state that it had taken the Gender Guidelines into consideration.   ... The RPD did not give due consideration to the other possibilities and explanations as to why the parents may not have intervened, i.e. that the Applicant kept the sexual abuse hidden until she told her mother at the age of twelve.   ...

[16]   A standard of reasonableness applies to a PRRA officer’s findings of fact, determinations based on mixed fact and law, and consideration of evidence (Selduz v Canada (Minister of Citizenship and Immigration), 2009 FC 361 at paras 9-10). [17]   In recent years, courts have used a standard of correctness to assess procedural fairness (Mission Institution v Khela, 2014 SCC 24 at para 79, [2014] 1 S.C.R. 502; (Canada (Citizenship and Immigration) v Khosa, 2009 SCC 12 at paras 59 and 61, [2009] 1 S.C.R. 339 at para 43).   ... Consideration of the Evidence [21]   The Applicants argue that the Decision was unreasonable because the Officer ignored documentary evidence which demonstrates that Roma in Hungary experience widespread discrimination which amounts to persecution.   ...

Credibility assessments can be an important consideration when weighing evidence.   ... While the Officer’s consideration and explanation of the current political landscape in Guinea was clear and intelligible, Mr.  ...

Applying this rationale, the Board included in the bargaining unit persons on maternity/parental leave, persons who have been dismissed but who have grieved their dismissal, and persons on approved leaves of absence on union business. [17]   The Board summarized its conclusion on the sufficiency of CAWU’s evidence of support as follows (at para. 63): The Board is thus satisfied, on the basis of the evidence revealed in the confidential report, that by only discounting the irregular membership cards and taking these three categories of inclusions into consideration, the CAWU’s support falls below the threshold required to order a vote. ... I do not know how this could be done without setting aside the confidentiality of individual employees’ evidence of support for one union or the other. [34]   In the circumstances, CAWU’s right to know the case it had to meet and its ability to respond may have been constrained by considerations that are specific to labour law, including the overriding need to protect the confidentiality of employee wishes, but these constraints are well known and have been endorsed by the Courts. ...

Moreover, considerations of judicial economy weigh in favour of having the issue of statutory interpretation that Mr. ... Of course, the TCC may decline to address that issue on the basis of the issue estoppel doctrine that is discussed in part V.B. of these reasons above. [46]   Collectively, the foregoing considerations provide a second, independent, reason for granting the CRA’s Motion to strike Mr. ...

The evidence does not establish that the Officer was closed‑minded in her consideration of his PRRA application. ... The same is true of the Officer’s other credibility findings and her consideration of Mr.  ...

Wu had satisfied her onus of proving that sufficient humanitarian and compassionate considerations existed to warrant the exercise of special relief to allow the appeal. ... Wu’s credibility and the lack of evidence to support her H&C request, the IAD somehow determined that her generalized and vague testimony satisfied her onus to prove that there were sufficient H&C considerations to merit granting her appeal. [51]   No clear path exists from the evidence before the IAD to the outcome. ...

Considerations Considérations   (3) An adjudicator, when rendering the decision, must consider whether the decision that is the subject of the appeal contravenes the principles of procedural fairness, is based on an error of law or is clearly unreasonable. (3) Lorsqu’il rend la décision, l’arbitre évalue si la décision qui fait l’objet de l’appel contrevient aux principes d’équité procédurale, est entachée d’une erreur de droit ou est manifestement déraisonnable. ...

Newfoundland and Labrador (Treasury Board), 2011 SCC 62. [8]   Before dealing with the particular issues in this case, as I raised at the outset of the hearing, that I do not find in this case any material or substantial consideration of what I consider the second branch of Kanthasamy, namely, whether there are facts in the case which would excite in a reasonable person in a civilized community a desire to relieve the misfortunes of another so long as these misfortunes warrant special relief. ... This fact seriously undermines the generality of the Officer’s findings such as to make them almost unsupportable on the evidence. [14]   An additional concern I have with the country condition hardship analysis, lies in connection with the Officer’s consideration of the Violence Against Persons Protection Act [the VAPP Act], a statue of the federal legislature in Nigeria. ...