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Pushpanathan v Canada (Minister of Citizenship and Immigration) is a leading decision of the Supreme Court of Canada on the standard of review in Canadian administrative law. The Court held that a decision of the Immigration and Refugee Board should be reviewed on the standard of "correctness."
SERGIO FLORESAs the immigration court system strains under the weight of its biggest case backlog in history, the Biden administration is racing to fix it before it breaks entirely.But breaking ...
Applicants for a visitor visa, a study permit, a work permit or permanent residence after the relevant dates must submit their biometrics at one of the VACs if outside Canada and the United States, at one of the Application Support Centres (ASCs) staffed by the United States Citizenship and Immigration Services (USCIS) if in the United States ...
Baker v Canada (Minister of Citizenship and Immigration), [1999] 2 SCR 817 is a leading Canadian administrative law decision of the Supreme Court of Canada. The Court provided guidance on the standard of judicial review of administrative decisions. The issue was what standard of procedural fairness should be applied when considering the ...
TORONTO (Reuters) -Canada's immigration cuts, meant to ease strained housing and social services, could hurt the country's labor pool, some industry groups said on Thursday. While Canada has long ...
A 53-year-old union of immigration judges has been ordered to get supervisor approval to speak publicly to anyone outside the Justice Department, potentially quieting a frequent critic of heavily ...
Canada took a strict view on immigration in the early 1970s. At this time the only way for a foreigner already inside Canada to become a permanent resident was through a claim to convention refugee status, and high numbers of claims led the Department of Employment and Immigration to believe that most were taking advantage of the system to stay and work in Canada.
Courts should give a measure of deference to administrative tribunal decisions. Statutorily defined grounds of review are not necessarily the same as the standard of review. "Reasonableness" is the standard of review to be applied to reviewing decisions of the Immigration Appeal Division of the Immigration and Refugee Board of Canada. Court ...