Is there any case law where an officer based an H&C assessment on the wrong test?
Canada (Federal), Canada
The following excerpt is from Jogia v. Canada (Citizenship and Immigration), 2009 FC 596 (CanLII):
In Thalang above, it was found that the officer based the H&C assessment on the wrong test. The officer’s assessment was based on risk, which was a PRRA criteria, not an H&C criteria. The proper H&C criteria are unusual and undeserved or disproportionate hardship (see Liyanage v. Canada (Minister of Citizenship and Immigration), 2005 FC 1045 (CanLII), Pinter v. Canada (Minister of Citizenship and Immigration), 2005 FC 296 (CanLII)). I am concerned that that is what happened here.
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