What is the test for determining whether a decision-maker erred in exercising his discretion in assessing humanitarian and compassionate considerations?
Canada (Federal), Canada
The following excerpt is from Pham v. Canada (Public Safety and Emergency Preparedness), 2016 FC 824 (CanLII):
The applicant primarily maintains that the decision-maker erred in exercising his discretion, by not considering all of the relevant factors, and in his assessment of humanitarian and compassionate considerations. These types of questions must be reviewed by this Court on the standard of reasonableness (Balan v. Canada (Public Safety and Emergency Preparedness), 2015 FC 691, at paragraph 19 [Balan]).
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