Judicial review of H&C refusal dismissed; officer's assessment of hardship and children's interests was reasonable.
The applicants, citizens of El Salvador and their U.S.-born children, sought judicial review of a decision refusing their application for permanent residence on humanitarian and compassionate (H&C) grounds under s. 25(1) of the Immigration and Refugee Protection Act.
Their prior refugee claims based on fear of the MS-13 gang had been rejected.
The H&C officer found insufficient evidence to substantiate the risks of return, establish that their mental health would suffer undue hardship, or demonstrate that remaining in Canada was in the children's best interests.
The Federal Court held the officer's assessment was reasonable and within their discretion, dismissing the application for judicial review.