Third Time the Charm? H&C returned for re-determination ...

H&C officers often point to the circumstances of the family members of applicants that live and work back home as a way to ameliorate hardship for the applicant in a return scenario ... Henson, 2018 FC 1218 addresses that non sequitur. This was the third time that Henson challenged an H&C refusal to the Federal Court. Senior Immigration Officer P. Duong made a number of findings that undermined and undercut the application for relief by a single mother that has been in Canada for over a decade. As is common, the Officer found that the level of establishment "was to be expected" of an individual that has lived in Canada and that while there was a lack of economic opportunities in a return scenario and that the applicant would be adversely impacted by age discrimination that there were other mitigating factors. In this case, our office was able to provide "significant objective evidence" as to age discrimination against the applicant and that her family would not be able to support her or her daughter in a return scenario. The Officer found that the applicants "brothers are employed and there is no evidence of poverty". Justice Diner found that the Officer's... Read more →