What is a section 696 review?
696.1 (1) An application for ministerial review on the grounds of miscar- riage of justice may be made to the Minister of Justice by or on behalf of a person who has been convicted of an offence under an Act of Parliament or a regulation made under an Act of Parliament or has been found to be a dangerous offender or a …
What does ministerial review mean?
(n) “Ministerial processing” or “ministerial approval” means a process for development approval involving little or no personal judgment by the public official as to the wisdom or manner of carrying out the project.
Which agency is responsible for overseeing the refugee determination process?
Refugee Status Determination, or RSD, is the legal or administrative process by which governments or UNHCR determine whether a person seeking international protection is considered a refugee under international, regional or national law.
What is the difference between ministerial and discretionary?
A ministerial act is one that is simple, definite and carried out according to established precedent or instructions. As the name implies, a discretionary act is one where the individual uses his or her own discretion or judgement while preforming the act or duty.
What is the definition of ministerial?
Definition of ministerial 1 : of, relating to, or characteristic of a minister or the ministry. 2a : being or having the characteristics of an act or duty prescribed by law as part of the duties of an administrative office.
What responsibility do IRCC and CBSA share?
Citizenship and Immigration Canada (CIC) and the Canada Border Services Agency (CBSA) share responsibility for the Immigration and Refugee Protection Act (IRPA). CIC has responsibility for overall immigration policy, issuing visas, and pre-removal risk assessments, while the CBSA is responsible for enforcing the Act.
Is CBSA part of IRB?
The Immigration and Refugee Board of Canada ( IRB ) is Canada’s largest independent administrative tribunal. The Canada Border Services Agency ( CBSA ) is responsible for carrying out enforcement functions related to immigration and refugee matters.
What is a ministerial function?
A ministerial function is one where the authority has a duty to do a particular thing in a particular way. Such actions are however exceptional. In most administrative actions, the administrative authority has the power either to act or not to act in one way or the other.
What is the principle of ministerial responsibility?
Individual ministerial responsibility is a constitutional convention in governments using the Westminster System that a cabinet minister bears the ultimate responsibility for the actions of their ministry or department.
What is a ministerial action?
A ministerial act is an act performed in a prescribed manner and in obedience to a legal authority, without regard to one’s own judgment or discretion. Generally, ministerial acts are unshielded by qualified immunity, which protects only actions taken pursuant to discretionary functions.
What are ministerial duties?
A ministerial act or duty is a function performed without the use of judgment by the person performing the act or duty. MINISTERIAL. That which is done under the authority of a superior; opposed to judicial; as, the sheriff is a ministerial officer bound to obey the judicial commands of the court. 2.
Is CBSA and IRCC same?
Immigration, Refugees and Citizenship Canada ( IRCC ) has the overall responsibility for immigration and refugee matters. The Canada Border Services Agency ( CBSA ) is responsible for carrying out enforcement functions related to immigration and refugee matters.
What is ministerial intervention?
Ministerial Intervention provides certain persons whose visa applications have been refused and who were unsuccessful at the review tribunals an opportunity to request that the Minister personally intervene and either grant the visa or make a more favourable decision than the initial refusal.
How do I make a request for ministerial intervention?
Ministerial intervention requests are generally made by writing to the minister asking him to intervene in your case under one of his public interest powers. You can make a request for ministerial intervention if you have received a decision by a review tribunal.
When do we assess a case for ministerial intervention?
We will assess a case at the start of an appeal process and if we see the Tribunal appeal is not likely to succeed we also look at whether the case meets the criteria for Ministerial Intervention (MI).
What is the difference between a Ministerial Review and President’s review?
A request for a Ministerial Review asks that the Minister of Public Safety, through the Minister’s delegated authorities, review and decide on the appropriateness of the enforcement action or trade decision. A President’s Review similarly asks for officials to review a decision on behalf of the President of the CBSA.