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Judicial review allowed due to officer's misapprehension of evidence regarding domestic violence impacts.
The applicants, a mother and son, sought judicial review of a decision refusing their application for an exemption from the requirement to obtain an immigration visa abroad on humanitarian and compassionate grounds.
The mother had been a victim of domestic violence and they had applied for temporary resident permits for victims of family violence.
The Federal Court found that the officer made material errors, including misunderstanding the temporary nature of the TRP applications and misapprehending psychological evidence of the mother's adjustment disorder.
The Court allowed the application for judicial review and remitted the matter for reconsideration.