The applicant, a minor living in the Dominican Republic in the de facto care of a Canadian citizen, applied for judicial review of a decision refusing a Temporary Resident Permit.
The Officer had focused on technical impediments to adoption and formal guardianship rather than the applicant's personal circumstances.
The Federal Court allowed the application, finding the Officer's decision unreasonable for failing to appropriately assess the best interests of the child and the humanitarian and compassionate considerations, and remitted the matter for redetermination.
