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Citizenship and Immigration committee Right now we're looking at the processing of the various applications that we have in the Federal Court. We are a paper-based court right now. Our vision, and what we're trying to move on, is to be an electronic court of the future. We're looking at that with respect to service t
December 12th, 2006Committee meeting
Wayne Garnons-Williams
Citizenship and Immigration committee Yes. In the majority of cases, the decisions do not include extensive explanations. Normally, there is another process for the judicial review.
December 12th, 2006Committee meeting
Wayne Garnons-Williams
Citizenship and Immigration committee It really depends on the merits of each individual case, of course. It's left to the discretion of the judge to render a decision and reasons for a decision. I couldn't give you a specific figure.
December 12th, 2006Committee meeting
Wayne Garnons-Williams
Citizenship and Immigration committee We normally do not expect to see reasons when leave is denied.
December 12th, 2006Committee meeting
Wayne Garnons-Williams
Citizenship and Immigration committee I believe so. I believe you're correct.
December 12th, 2006Committee meeting
Wayne Garnons-Williams
Citizenship and Immigration committee That is correct. There is one aspect you didn't mention, and that's paragraph 171(c), where the decision of the panel of the RAD would have the same precedential value that the decision of an appeal court has for a trial court.
December 12th, 2006Committee meeting
Wayne Garnons-Williams
Citizenship and Immigration committee It's not different. It's one of the things you failed to mention. In your analysis, the RAD would potentially provide a precedential value to the lower level.
December 12th, 2006Committee meeting
Wayne Garnons-Williams
December 12th, 2006Committee meeting
Wayne Garnons-Williams
Citizenship and Immigration committee I wouldn't know. I wouldn't be able to comment on that unless there were some specific provisions we could analyze.
December 12th, 2006Committee meeting
Wayne Garnons-Williams
Citizenship and Immigration committee It's a judicial review, yes.
December 12th, 2006Committee meeting
Wayne Garnons-Williams
Citizenship and Immigration committee That's potentially correct.
December 12th, 2006Committee meeting
Wayne Garnons-Williams
Citizenship and Immigration committee In a pre-removal risk assessment situation, a party has a procedural right for any administrative decision to seek judicial review of that decision. If there is a pre-removal assessment decision, the party would have the right to seek an application for leave for a judicial revie
December 12th, 2006Committee meeting
Wayne Garnons-Williams
Citizenship and Immigration committee To the Federal Court, yes.
December 12th, 2006Committee meeting
Wayne Garnons-Williams
Citizenship and Immigration committee Yes, to seek application for leave for a judicial review.
December 12th, 2006Committee meeting
Wayne Garnons-Williams
Citizenship and Immigration committee I believe that's correct as well.
December 12th, 2006Committee meeting
Wayne Garnons-Williams