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H&C

H&C Refusal Set Aside After Child’s Country of Birth Was Misidentified

A family obtained a new H&C assessment after the Federal Court found a foundational factual error and an unreasonable treatment of their strong establishment in Canada.

The Client

The Polish family had two Canadian-born children and more than a decade of life in Canada, including employment, community integration and close family ties. Their request for humanitarian and compassionate relief was refused.

The Evidence

The officer repeatedly treated the family’s Canadian-born son as though he had previously lived in Poland and could return there, even though he had never been to the country. The officer also used the family’s adaptability in Canada as a reason against relief.

Unified Immigration Lawyers' Strategy

The legal challenge identified the factual error and argued that successful establishment in Canada should weigh in favour of relief rather than be repurposed as evidence that the family could establish itself elsewhere.

The Outcome

The Federal Court found the analysis contrary to established authority, set the refusal aside and returned the matter for redetermination.

An H&C assessment must be grounded in an accurate record and must treat successful establishment as a positive factor in the analysis.

Other Cases

Spousal Sponsorship Appeal Allowed Despite Prior Omissions

A spousal sponsorship appeal succeeded after the tribunal assessed prior omissions in context and found that the marriage was genuine.

Sponsorship Appeal Expedited After Government File Error

A spousal sponsorship appeal was allowed after the government discovered that the document said to be missing had been in its own file throughout the case.

Sponsorship Appeal Allowed Despite Misrepresentation Finding

A spousal sponsorship appeal succeeded on both the genuineness of the marriage and humanitarian relief from a misrepresentation finding.

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