The applicant sought judicial review of an officer's decision refusing his applications for humanitarian and compassionate relief and a temporary resident permit.
The applicant, who has a history of serious criminality but has demonstrated significant rehabilitation, argued the officer misapprehended his criminal record and failed to properly assess his request for a temporary resident permit.
The Federal Court found the H&C decision reasonable, as the officer balanced the positive factors against the significant criminal history.
However, the Court found the TRP decision unreasonable because the officer failed to properly assess the risk under section 24(1) of the IRPA, improperly adopting the H&C analysis and incorrectly concluding the applicant would not leave Canada simply because he wished to stay permanently.
The application for judicial review was allowed in part.
