2 total
Judicial review granted; officer unreasonably assessed best interests of children regarding education in Mexico.
The applicants, a family from Mexico, sought judicial review of a decision refusing their permanent residence application on humanitarian and compassionate grounds.
The Federal Court found the decision unreasonable because the officer failed to adequately assess the best interests of the minor children, specifically ignoring country condition evidence regarding the quality of education in Mexico compared to Canada.
The application for judicial review was granted.
Judicial review application dismissed due to insufficient evidence of former counsel's incompetence and non-compliance with Court Protocol.
The applicant sought judicial review of the rejection of her permanent residence application, alleging her former counsel was incompetent for submitting an expired medical examination for her non-accompanying spouse.
The Federal Court found that current counsel failed to fully comply with the Court's Protocol for allegations against former representatives, specifically failing to provide supporting evidence or a copy of the leave order.
Furthermore, the Court was not persuaded that the former counsel's strategy of submitting the expired exam with an explanation, given the applicant's urgency, constituted incompetence.
The application for judicial review was dismissed.
