Refine by MP, party, committee, province, or result type.
Citizenship and Immigration committee No, but there's nothing to that effect in section 110.
December 12th, 2006Committee meeting
John Frecker
December 12th, 2006Committee meeting
John Frecker
Citizenship and Immigration committee No, but if the RAD is an appeal division, you don't need that. The whole point is you don't need these technical grounds. If it's an appeal division, it is sitting in the same position as the original decision-maker.
December 12th, 2006Committee meeting
John Frecker
Citizenship and Immigration committee Thank you.
December 12th, 2006Committee meeting
John Frecker
Citizenship and Immigration committee They wouldn't be superior, but they might be more expert in the specific subject area. There are some wonderful judges on the Federal Court who will be the first to tell you that they deal with intellectual property, admiralty, and all these other issues.
December 12th, 2006Committee meeting
John Frecker
Citizenship and Immigration committee Yes, absolutely.
December 12th, 2006Committee meeting
John Frecker
December 12th, 2006Committee meeting
John Frecker
December 12th, 2006Committee meeting
John Frecker
Citizenship and Immigration committee Yes. The Federal Court would have the expertise in law, I agree with you, but the difference between the Federal Court jurisdiction and the RAD jurisdiction is that the Federal Court jurisdiction can only review and quash an erroneous decision or uphold a correct decision. The RA
December 12th, 2006Committee meeting
John Frecker
Citizenship and Immigration committee The whole purpose of the RAD is to eliminate in as many cases as possible the need to refer the cases back and to get to the decision.
December 12th, 2006Committee meeting
John Frecker
Citizenship and Immigration committee The record and submissions, and submissions that would identify errors in the record.
December 12th, 2006Committee meeting
John Frecker
Citizenship and Immigration committee Absolutely, the processes are very, very similar. I agree with you.
December 12th, 2006Committee meeting
John Frecker
Citizenship and Immigration committee Yes, but as I said to you before, if the RAD is doing its job properly and the members are people who are genuinely expert in the subject area, one can reasonably anticipate that the Federal Court will grant considerable deference and will not grant leave in as many cases. Theref
December 12th, 2006Committee meeting
John Frecker
Citizenship and Immigration committee The RAD's jurisdiction.... The RAD, because it's an appeal authority, would be able to reverse on error if there were outrageous errors—factual errors, misinterpretation of the country conditions, and things like that.
December 12th, 2006Committee meeting
John Frecker
Citizenship and Immigration committee It can overturn it and send it back for re-hearing, but the RAD, because it has the subject matter expertise, can actually enter the right decision.
December 12th, 2006Committee meeting
John Frecker