Sentences with phrase «consistent exercise of discretion»

In addition, work that requires «advanced knowledge in a field of science or learning,» entails «the consistent exercise of discretion or judgment,» or is «predominantly intellectual or varied in character» does not count for the student exemption.

Not exact matches

A second element of the resolution urges the DHS, in the absence of legislative action by Congress, to «exercise its discretion consistent with the legal authority conferred upon it and refrain from apprehending, detaining or removing Dreamers.»

Therefore, it would seem consistent with N.S. to also consider the exercise of such discretion to fall within the scope of EU law.

However, as with any exercise of discretion, it must be exercised judicially, in a principled and consistent way.

Teare J concluded, obiter, that even if he was found to have erred in his findings on the jurisdictional gateways, he considered that this was not a proper case in which the court should exercise its discretion and order service out of the jurisdiction due to the risk as to whether such an order would be enforceable in the UAE or indeed, consistent with UAE law.

The proper approach is more consistent with the goals of s. 25 (1) of the Immigration and Refugee Protection Act and focuses more on the equitable underlying purpose of the humanitarian and compassionate relief application process, seeing the words in the Guidelines as being helpful in assessing when relief should be granted in a given case, but without treating them as the only possible formulation of when there are humanitarian and compassionate grounds justifying the exercise of discretion.

While the Court insisted that its ruling should not serve to fetter the Minister's discretion over future decisions, the Court noted the Minister's exercise of such discretion had to be consistent with Charter requirements.

The NPRM addressed the issue of potential danger to patients by stating that when patients were incapacitated, covered health care providers could exercise discretion — consistent with good medical practice and prior expression of patient preference — regarding whether to disclose protected health information for directory purposes.