May 2, 2022
Another Federal Court Success: H&C Application Refusal Set Aside by the Federal Court
We were approached by a client who had received a refusal of their permanent residence application based on humanitarian and compassionate grounds (“H&C application”). We assisted in initiating an Application for Leave and for Judicial Review to challenge the refusal at the Federal Court of Canada. After thoroughly reviewing the file, as well as the Officer’s notes for the decision, we carefully crafted legal arguments to explain why the decision was unfair and unreasonable. After reviewing our written submissions, the Court granted Leave to have an oral hearing.
At the hearing, we highlighted for the Court the areas of the decision which demonstrated the Officer’s reasoning was in error and inconsistent with the law, including that the Officer did not properly assess our client’s noted inadmissibility, the entire reason H&C was being sought in the first place. While the Judge did not make a decision at the hearing, we were pleased to receive the decision a few months later, as the Judge ultimately accepted our arguments and agreed to set the refusal of our client’s H&C application aside, and ordered Immigration, Refugees and Citizenship Canada (“IRCC”) to assign a new Officer to re-determine and make a new decision on the application. We are very happy to have been able to assist our clients in achieving this result, and we wish them all the best!