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Judicial review of H&C application refusal dismissed as officer reasonably weighed criminal history against child's best interests.
The applicant, a 62-year-old American citizen with a criminal history, sought judicial review of a senior immigration officer's refusal of his application for permanent residence on humanitarian and compassionate grounds.
The officer gave substantial negative weight to the applicant's criminal history and overstaying his visa, while finding that the best interests of his two-year-old Canadian daughter and potential hardship in the US did not warrant an exception.
The Federal Court found the officer's decision reasonable, noting the applicant's burden to submit evidence and the exceptional nature of H&C relief.
The application for judicial review was dismissed.