What is the applicable standard of review for the purpose of determining an applicant's application for employment?
Canada (Federal), Canada
The following excerpt is from Rodrigues Candelario v. Canada (Citizenship and Immigration), 2018 FC 864 (CanLII):
The parties agree that the applicable standard of review is reasonableness [Dunsmuir v. New Brunswick, 2008 SCC 9, at paragraphs 54, 57, 62], except for the contention that the requirement for legal proof was misapplied, which the applicant first argued at the hearing, claiming that he should be evaluated on a standard of correctness.
"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 standard of review for the purpose of determining whether a "sham" is reviewed in the absence of palpable error? (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)
For the purposes of denying a motion for judicial review of a decision by the Board of Arbitration for Justice denying an application to review the denial of the motion, in what circumstances will the motion be reviewed? (MultiRegion, United States of America)
In reviewing the application of a sophisticated means enhancement, what is the difference between a de novo review and a clear error review? (MultiRegion, United States of America)
What is the standard for in camera review to determine the applicability of the crime-fraud exception? (MultiRegion, United States of America)
On appeal from an appeal from a judicial review, what is the role of the appeal judge in determining the proper standard of review? (Canada (Federal), Canada)
Can a decision maker such as the Immigration Officer on an application for permanent residents in Canada be reviewed on a higher standard of review of patent unreasonableness? (Canada (Federal), Canada)
What is the applicable standard of review and what is the deference required to review? (Canada (Federal), Canada)
What is the standard of review applicable to a judicial review of a decision of an adjudicator appointed pursuant to the Canada Labour Code? (Canada (Federal), Canada)
What is the standard of review for the purpose of determining whether a company has infringed a registered trademark? (Canada (Federal), Canada)
