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Judicial review granted; officer must consider new evidence when deciding whether to reconsider an admissibility report.
The applicant, a convention refugee, pled guilty to recklessly discharging a firearm and was sentenced to four years in prison.
An officer issued a report under section 44(1) of the IRPA, leading to an admissibility hearing and a deportation order.
The applicant applied for judicial review of the officer's decision not to reconsider the report based on new H&C submissions.
The Federal Court allowed the application for judicial review of the officer's decision, holding that the officer must consider all relevant circumstances, including new evidence, when exercising discretion to reconsider.
The application for judicial review of the deportation order was dismissed, as the order remains valid pending reconsideration.
