2 total
Judicial review dismissed; IAD reasonably denied H&C relief and residency exception.
The applicant sought judicial review of a decision by the Immigration Appeal Division (IAD) affirming an officer's determination that he failed to meet the residency requirements for permanent residence under section 28 of the Immigration and Refugee Protection Act and that humanitarian and compassionate relief was not warranted.
The Federal Court dismissed the application for judicial review, finding the IAD's analysis of the applicant's failure to meet the residency obligation and its assessment of the humanitarian and compassionate factors to be reasonable.
Judicial review granted; officer unreasonably assessed medical evidence, country conditions, and H&C processing times.
The applicants, a Tamil mother and daughter from Sri Lanka who had been granted refugee status in Mexico, sought judicial review of a CBSA officer's decision refusing to defer their removal to Mexico pending a decision on their H&C application.
The Court found the officer's decision unreasonable as the officer failed to properly assess the principal applicant's psychological medical evidence, required the applicants to provide country documentation personally naming them, and improperly dismissed statistics on H&C processing times as speculative.
The application for judicial review was granted.
