The applicant, a 93-year-old citizen of the UK living in Canada with his daughter, sought judicial review of an officer's decision dismissing his H&C application for permanent residence.
The officer found the applicant financially stable and able to pursue a super visa or sponsorship, dismissing the hardship claim regarding separation from his children.
The Federal Court held the officer unreasonably presumed the applicant had a network of family and friends in the UK, failing to meaningfully engage with his advanced age and need for support.
The application for judicial review was allowed and the matter remitted for reconsideration.
