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Judicial review allowed due to unreasonable assessment of humanitarian and compassionate establishment factors.
The applicant, a citizen of the Philippines, sought judicial review of a decision denying her application for permanent residence on humanitarian and compassionate grounds.
The Federal Court allowed the application, finding that the officer failed to properly examine the evidence of the applicant's establishment in Canada, using it as a "sword" rather than conducting a proper analysis.
The matter was remitted for redetermination.
