Judicial review allowed; IAD decision unreasonable for ignoring credibility issues and considering irrelevant factors.
The Minister of Citizenship and Immigration sought judicial review of an Immigration Appeal Division (IAD) decision that set aside a removal order against the respondent on humanitarian and compassionate grounds.
The respondent, a permanent resident, had failed to meet the residency obligation.
The Federal Court allowed the application, finding the IAD's decision unreasonable.
The IAD erred by accepting the respondent's explanations for inconsistencies without objective evidence, ignoring credibility issues related to a prior misrepresentation, and considering irrelevant factors such as the family's establishment in Canada and forward-looking intentions.
The matter was remitted for redetermination.
