The applicants, citizens of Portugal who have lived in Canada for about eight years, sought judicial review of a Senior Immigration Officer's decision refusing their application for permanent residence on humanitarian and compassionate grounds.
The Federal Court granted the application, finding the Officer's assessment of the children's best interests to be unreasonable.
The Officer failed to give the children's best interests substantial weight, failed to apply the principle in a manner responsive to each child's particular circumstances, and improperly equated the adaptability of the older children to that of the younger ones.