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Judicial review of H&C refusal allowed due to unreasonable analysis of children's best interests.
The applicants sought judicial review of a decision refusing their application for relief based on humanitarian and compassionate considerations.
The Court found the decision unreasonable on two grounds.
First, the officer failed to properly analyze the best interests of the children by merely noting their basic needs would be met.
Second, the officer improperly downplayed the general conditions in Haiti by requiring the applicants to demonstrate how they would be particularly affected.
The application for judicial review was allowed.