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
The following excerpt is from Nicolas v. Canada (Citizenship and Immigration), 2010 FC 452 (CanLII):
With the exception of the third issue, they relate to the officers assessment of the evidence and findings of fact. The applicable standard of review is therefore reasonableness (see Dunsmuir v. New Brunswick, 2008 SCC 9, [2008] 1 S.C.R. 190 at paragraph 53). The issue of the sufficiency of the officers reasons involves procedural fairness, and so the applicable standard of review, in theory, is correctness. However, because there is no one form of reasons that is acceptable, and the function of reasons is primarily to ensure that the administrative decision is justified, transparent and intelligible, the standard for the sufficiency of the reasons is in fact more similar to reasonableness than to correctness. * * * * * * * * (1) Did the officer err by assigning more weight to the statement by the Canadian migratory integrity officer in Port-au-Prince (the MIO) than to the other documents submitted in evidence?
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