On January 4, 2022, the Federal Court of Canada granted an applicant a judicial review for redetermination who failed to comply with the permanent residency (PR) requirements under section 28 of the Immigration and Refugee Protection Act (IRPA), which requires applicants to be physically present in Canada for at least 730 days within every five years. The Applicant had insufficient humanitarian and compassionate considerations and was issued a departure order for non-compliance with the residency obligations. The Federal Court decided that in the assessment of humanitarian and compassionate factors, the “moral debt owed to immigrants who worked on the frontline to help protect vulnerable people in Canada” during the COVID-19 pandemic cannot be understated.
The Federal Court granted an immigrant a judicial review for redetermination
