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Citizenship and Immigration committee  No, I think that would be a misunderstanding. The minister does retain the right to seek a leave for judicial review before the Federal Court with respect to decisions of the refugee protection division—

May 27th, 2010Committee meeting

John Butt

Citizenship and Immigration committee  It is true that the Federal Court would not be able to substitute its findings of fact for those of the tribunal, but the Federal Court can determine whether or not the determinations made by the tribunal are reasonable on the basis of the evidence heard by the tribunal. So the minister is not depriving himself completely of the opportunity to correct errors of a fundamental nature made by the refugee protection division members.

May 27th, 2010Committee meeting

John Butt

Citizenship and Immigration committee  With respect to access to pre-removal risk assessment in particular, the transition takes place at one point: when the provision limits access to a pre-removal risk assessment for 12 months after the RAD decision, the person will have had the opportunity to appeal the refugee protection division decision to the RAD.

May 27th, 2010Committee meeting

John Butt