Nasir Maqsood

The applicants, elderly citizens of Pakistan, applied for permanent residence on humanitarian and compassionate grounds from within Canada.

The application was refused due to insufficient evidence of hardship, and lack of evidence regarding the best interests of their grandchildren.

The Federal Court upheld the refusal as reasonable, finding that the officer correctly noted the lack of evidence supporting the applicants' claims and reasonably concluded that the applicants had not met their burden.

The applicant sought judicial review of an IAD decision dismissing her appeal of a visa officer's refusal of a permanent resident travel document.

The applicant had not spent any time in Canada since 2004, when she was removed as a minor.

She argued the absence of a hearing transcript breached natural justice, and that the IAD unreasonably assessed the H&C evidence and improperly departed from a prior decision involving her sister.

The Federal Court dismissed the application, finding the absence of a transcript did not deprive her of the right to judicial review because the evidentiary record was otherwise sufficient.

The Court further held the IAD reasonably justified its departure from the prior decision and reasonably weighed the H&C factors, including attributing neutral weight to her parents' decision to leave Canada.

The applicant, a citizen of Pakistan, sought judicial review of an Immigration Appeal Division (IAD) decision dismissing his appeal of a removal order.

The applicant had failed to comply with his residency obligations under section 28 of the Immigration and Refugee Protection Act, having spent 0 days in Canada during the relevant five-year period.

The IAD found that the applicant's humanitarian and compassionate grounds, including alleged hardship in Pakistan and desire to study in Canada, were insufficient to overcome his significant non-compliance.

The Federal Court found the IAD's decision reasonable, noting that the applicant had not established any significant errors warranting intervention.

The application for judicial review was dismissed.