January 9, 2026
H&C Refusal Overturned on Judicial Review
We are pleased to share a victory for our client, who had faced the refusal of their humanitarian and compassionate (H&C) application for permanent residence in Canada.
Our client approached us after their H&C application was denied by IRCC. The officer had concluded that there were insufficient humanitarian and compassionate considerations to justify an exemption under subsection 25(1) of the Immigration and Refugee Protection Act. A central issue in the refusal was the officer’s assessment of the best interests of our client’s grandchildren, who are directly affected by the potential removal.
Our client had submitted evidence demonstrating their deep involvement in the lives of their grandchildren, including providing emotional support, teaching family traditions and beliefs, and fostering a strong cultural and religious foundation. Our client’s children, who are Canadian citizens, emphasized how our client’s presence has been an “immense source of joy and support” and irreplaceable in the daily lives of the grandchildren. Despite this evidence, the officer assigned minimal weight to these considerations, incorrectly framing them as non-determinative.
We challenged the refusal through judicial review, arguing that the officer’s decision was unreasonable and failed to properly consider the best interests of the children (BIOC). We emphasized that a proper BIOC analysis must consider the children’s specific circumstances and not be reduced to a “basic needs” test. Our submissions drew on established case law, highlighting that officers must assess the real-world impact of removal from the children’s perspective.
The Federal Court agreed, finding that the officer had not applied the appropriate framework and had given undue weight to speculative assumptions rather than the evidence presented. The Court set aside the refusal, allowing our client’s application to be reconsidered fairly by IRCC.
We are proud to advocate for clients facing unreasonable immigration decisions, ensuring that their applications are reviewed with fairness and sensitivity.