What is the standard of correctness for determining whether an officer breached procedural fairness by not providing proper language interpretation?
Canada (Federal), Canada
The following excerpt is from Adil v. Canada (Citizenship and Immigration), 2010 FC 987 (CanLII):
A standard of correctness is the appropriate standard for the review of issues involving procedural fairness and natural justice. See Sketchley v. Canada (Attorney General), 2005 FCA 404, at paragraph 46, and Dunsmuir, above, at paragraphs 126 and 129. As such, correctness is the appropriate standard when considering whether the Officer breached procedural fairness by: a) not providing proper language interpretation; and b) depriving the Applicant of the opportunity to respond. ARGUMENTS The Applicant Officer Did Not Raise Credibility Concerns Regarding Fear of Persecution
"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 determining whether age was a determining factor in determining whether a plaintiff should be retained or discharged? (MultiRegion, United States of America)
Can a breach of the duty of procedural fairness be reviewed on the correctness standard? (Canada (Federal), Canada)
What is the standard of review for determining whether adequate reasons were provided to the Court for failing to provide adequate reasons? (Canada (Federal), Canada)
What is the standard of review for the purpose of determining whether the application process is fair, fair and reasonable? (Canada (Federal), Canada)
Is it a breach of procedural fairness for a visa officer to consult the notes and rejection letter of a previous visa officer? (Canada (Federal), Canada)
What is the test for determining whether a party’s intention is a determining factor in determining whether there is a contract for services? (Canada (Federal), Canada)
What is the applicable standard of review for an officer to determine whether or not they err by giving more weight to a statement by the Canadian migratory integrity officer in Port-au-Prince than the other documents submitted in evidence? (Canada (Federal), Canada)
How have courts interpreted the "distinct possibility" standard in determining whether a claim can be denied? (MultiRegion, United States of America)
What factors are considered to determine whether inducement was a factor in determining whether an individual was entrapped in a criminal case? (MultiRegion, United States of America)
What is the test for determining whether a defendant has considered each of the factors that determine whether they have been found liable for damages? (MultiRegion, United States of America)
