Citizenship and Immigration committee  That's correct. Under section 110(3), it spells out that the RAD proceeds without a hearing on the basis of the record of the proceedings. It's not an appeal de novo.

Citizenship and Immigration committee  That's correct. Initially, there is a lead provision, which is a very low test. It's the test in a case called Bains v. Canada in the Federal Court of Appeal, which is set out as the test for an arguable case. So the applicant seeking judicial review has to make an arguable case, and then that goes to judicial review.

Citizenship and Immigration committee  Absolutely. The Federal Court does that every day. They send it back for a redetermination.

Citizenship and Immigration committee  Mr. Chair, I'd prefer not to comment on that. I believe that it's more in the domain of the minister.

Citizenship and Immigration committee  Good morning. My name is Luke Morton, and I am senior counsel with legal services for CIC. It's important, as a starting point, to always look at the statute, because some appeals are what are called appeals de novo and they're set up like that in the statute, whereas section 110(1) of IRPA sets out the three grounds for review; they are question of law, mixed fact and law, and fact.