GUTIERREZ v MCI 2010 FC 32 Authorization to return

The Court set aside a decision to refuse to grant authorization to return under section 52 holding: [19] In my view, the officer misunderstood the purpose of the ARC process, which led him to take into account factors that were not relevant and to disregard others that he should have considered in his decision. This does not fall ‘‘within a range of possible, acceptable outcomes which are defensible in respect of the facts and law’’(Dunsmuir v. New Brunswick, 2008 SCC 9, [2008] 1 S.C.R. 190, at para. 47).