About Immigration Law

Reasonableness in Immigration Law

The biggest bet for reasonableness in immigration is without contest Canada (Minister of Citizenship and Immigration) v Vavilov, 2019 SCC 65 [Vavilov] at paras 16-17 and 25.

Once again the Federal Court has admitted that: "A reasonable decision" is "based on an internally coherent and rational chain of analysis" and is "justified in relation to the facts and law that constrain the decision maker". Vavilov at paras 85-86; Canada Post Corp v Canadian Union of Postal Workers, 2019 SCC 67 at paras 2, 31.

A decision will be reasonable if when read as a whole and taking into account the administrative setting, it bears the hallmarks of justification, transparency, and intelligibility: Vavilov at paras 91-95, 99-100. (Aboutaleb v. Canada (Citizenship and Immigration))