Judicial review of work permit refusal and misrepresentation finding dismissed.
The applicant sought judicial review of a decision denying his work permit application and finding him inadmissible to Canada for five years for misrepresentation.
The officer found the applicant's job offer was not genuine.
The Federal Court dismissed the application, finding the officer's conclusion reasonable based on the record and that the innocent mistake exception did not apply.
H&C refusal set aside where officer ignored evidence of applicant's strong relationship with children.
The applicant, an Indian citizen found inadmissible to Canada for serious criminality following a drug conviction, applied for permanent residence on humanitarian and compassionate grounds.
An immigration officer refused the application, finding insufficient evidence of establishment, hardship upon return, and long-term adverse effects on the applicant's children.
On judicial review, the Federal Court held the decision was unreasonable because the officer failed to properly assess evidence regarding the best interests of the children, specifically ignoring Correctional Service of Canada reports indicating the children's strong emotional and financial dependence on the applicant and his active parenting role despite his incarceration.
The application for judicial review was granted.
