Judicial review of H&C refusal granted due to officer's significant misapprehension of contextual evidence.
The applicants sought judicial review of a decision denying their application for permanent resident status on humanitarian and compassionate grounds.
The Federal Court found the officer's decision unreasonable due to significant misapprehensions of evidence regarding the applicants' establishment in Canada, their history of residence in Greece, health considerations, and adverse country conditions in India.
The application for judicial review was granted and the matter remitted for redetermination.