The applicant sought judicial review of a visa officer's decision refusing her permanent residence application because her husband was found criminally inadmissible under paragraph 36(1)(c) of the IRPA.
The inadmissibility finding arose from an assault charge in the Philippines that was subsequently withdrawn following an affidavit of desistance by the complainant.
The Federal Court found the officer's decision unreasonable because the officer failed to meaningfully address the issue of self-defence and unreasonably discounted the affidavit of desistance based on unfounded speculation about a settlement.
The Court also found the officer breached procedural fairness by relying on assumptions about the Philippine criminal justice system without giving the applicant notice or an opportunity to respond.
The application for judicial review was allowed.
