Category: H & C

The Court found a breach of natural justice when the officer sent a request for further information to counsel that was not the applicant's counsel on the case and as a result the updated information was not received.

The Court set aside a refusal of an H & C application holding it was unreasonable both in terms of its assessment of establishment and also due to the fact the officer erred in the test relating to hardship on return.

The court set aside an H & C refusal due to the failure of the officer to consider the de facto family guidelines.

The Court set aside an H & C application where the officer failed to consider de facto family member guidelines.

The Court set aside a refusal of an overseas H & C due to the failure of the officer to properly consider de facto family members.

The Court set aside an H & C refusal holding hat the officer erred in failing to provide adequate reasons for the refusal based on establishment.

The o upheld an H & C refusal but commented on the interpretation of the de facto family member.

The court set aside a refusal of an H & C application holding that the officer had failed to consider the question of de facto family members.

The Court set aside the refusal of an H & C application holding that the officer erred by ignoring the evidence of similarly situated people when assessing risk: [33] In my view, the officer in the present case failed to properly analyze the evidence about Mrs. Mujib’s family who appear to be similarly situated individuals and who were granted protection. This evidence was put forward by the applicants.

The Court set aside a refusal of an application for permanent residence made outside of Canada. The Court found that the officer erred when he failed to consider the applicant's previous establishment and job offer in his assessment of H & C factors.