October 11, 2024

Judicial Review Granted After Officer Erred in their H&C Analysis

Our clients came to us after their Permanent Residence application on Humanitarian and Compassionate (H&C) grounds was refused. We were retained to challenge the refusal at the Federal Court. We filed an Application for Leave and for Judicial Review and, upon receiving the reasons behind the Officer’s decision, it was confirmed that the decision was both unfair and unreasonable. The Officer had not undertaken the correct H&C analysis. We carefully crafted our legal arguments and filed all materials with the Court. 

Leave was subsequently granted and we were able to present our arguments before the Federal Court at the Judicial Review stage. Here, we argued that the Officer’s decision failed to reasonably assess the H&C factors and engage with all of the evidence, particularly concerning our clients’ establishment in Canada and the best interests of the child. The Federal Court agreed with our arguments, finding the Officer’s decision was unreasonable due to their failure to properly assess the requisite H&C factors as well as the child’s circumstances. Ultimately, the application for Judicial Review was granted, the refusal was set aside, and the application will now be redetermined by a different visa officer. We are thrilled to have been able to assist our client in achieving this amazing result!