Program delivery update: Decision making – Standard of review and process for making a reasonable decision
This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.
July 12, 2022
The decision of the Supreme Court of Canada (Minister of Citizenship and Immigration) v Vavilov provided instructions for the lower courts on the standard of review that should be used by federal courts.
A civil servant is delegated with the authority to make decisions that have consequences for the public, and is required by law to do so fairly. The decision made must be
- based on internally coherent reasoning
- justified in accordance with the legal and factual context of the decision
Under internally coherent reasoning, for the decision to be reasonable, it must be based on reasoning that is both rational and logical.
These new instructions provide officers with a standard process to follow when making decisions to ensure that the decision is reasonable and correct.