Search - consideration

It is significant, the Applicant says, that the Officer’s decision was made within one day of receiving her supplemental submissions and this strongly indicates that no consideration was given to these submissions before refusing to process the restoration application. [15]   The Applicant criticizes the Respondent’s position that, if there is some evidence a refusal letter was sent to an applicant seeking to remain in Canada, then the 90-day restoration period begins immediately irrespective of whether there is any evidence that an applicant never received notice of the refusal. ...

[39]   As this matter should be returned for redetermination based on my findings above, I have only two further comments in respect of the Officer’s consideration of the evidence. [40]   First, when considering the documentary evidence regarding domestic abuse and the possibility of state protection and a viable IFA, the Officer had already rejected the evidence of Mr. ...

According to the Respondent, while these subjective factors form part of the considerations the Minister may consider, the issue is the reasonableness of the error, objectively assessed. ...

It has been confirmed many times in the jurisprudence that there is no specific test established for such a determination. [23]   Through the consideration of a number of factors showing the interdependence and interconnectedness of two people, the IAD will assess whether the balance of probabilities has tipped in favour of the genuineness of the marriage: Keo v Canada (Citizenship and Immigration), 2011 FC 1456 at paras 22 and 24. ...

I disagree, however, that it is the responsibility of a supervisory court to do the work of the decision maker of first instance, and to piece together an after-the-fact rationalization of the decision, which then meets the Dunsmuir criteria. [16]   Inconsistency is pertinent to the consideration of reasonableness. ...

I i n stead conclude that the RAD Decision fits well within the boundaries of reasonableness, with respect to both its assessment of the evidence and its consideration of the Applicants’ personal profiles and circumstances. ...

However, with respect, I believe this analysis is incomplete”. [37]   An interpretation that embraces the principles of exclusion, when forward-looking evidence-based assessments prove the risks involved in a removal, leads to unreasonable or absurd consequences with respect to the objectives of the IRPA: see in general Sullivan on the Construction of Statutes, 6th edition 2014, particularly paragraphs 10.4 and 10.13 describing the range of considerations for assessing absurdity, in particular the norms of rationality, such as logical coherence and internal consistency. [38]   I suspect that a different interpretative approach might reasonably favour evidence-based risk assessments and override the presumptions of exclusion by “reading down”, that is, by describing to some extent the scope of application of section 98. ...

Aghaalikhani was denied a study permit pursuant to subsection 11(1) of the Immigration and Refugee Protection Act, SC 2001, c 27 [IRPA] and paragraph 216(1)(b) of the Immigration and Refugee Protection Regulations, SOR/2002-227 [Regulations], on the basis that he did not satisfy the Officer that he “would leave Canada at the end of [his] stay.” [7]   The Officer identified the considerations that led to his refusal by checking the relevant boxes in the predefined form. ...

Some consideration must also be given to the commitment of resources made by the class counsel and the impact that this will have in the event the litigation is unsuccessful. ...

Although Industria limits its appeal to the Board’s assessment of the “degree of resemblance” factor, Natural Stones presents arguments on other criteria as well. [33]   Natural Stones states the test for confusion as “a matter of first impression in the mind of a casual consumer somewhat in a hurry, who does not pause to give the matter any detailed consideration or scrutiny” (Veuve Clicquot at para 20). ...