The applicants, a widow and her two minor daughters from India, sought judicial review of a decision refusing their application for permanent residence on humanitarian and compassionate grounds.
The applicants argued they would face hardship returning to India due to threats from the deceased husband's creditors and a lack of family support.
The Federal Court granted the application, finding that the officer unreasonably assumed the applicants would have familial support in India, directly contradicting the evidence in the record.
The matter was remitted for redetermination by a different officer.
