Friday, September 2, 2011
The Court set aside an H & C refusal holding the officer erred in her assessment of evidence and failed to consider relevant evidence. The applicant had been the victim of an accident in Canada. and as a result of the accident had psychological problems that led to his criminality. He required ongoing supervision that was not available in Jamaica. The COurt found the officer's decision unreasonable and directed that the officer reconsider the matter based on certain undisputed facts.
2011 FC 1043
H &C set aide--unreasonable findings of fact