Law360 Canada (January 13, 2021, 6:05 AM EST) -- Appeal by Subramaniam from a decision dismissing his application for judicial review of an immigration officer’s decision refusing to process the appellant’s application for permanent residence on humanitarian and compassionate grounds. The appellant was found inadmissible because he engaged in people smuggling. Several years later, invoking a recent shift in the legal test for people smuggling, he filed the application for permanent residence on humanitarian and compassionate grounds. The officer held that the prior inadmissibility finding precluded the exercise of the discretionary relief under s. 25(1) of the Immigration and Refugee Protection Act. The appellant argued that s. 25(1) did not constitute an absolute bar to considering applications made by those who had previously been found inadmissible based on ss. 34, 35 or 37 of the Act. Alternatively, he argued that the Minister retained residual discretion when presented with applications from foreign nationals in Canada, who had previously been found inadmissible under the same provisions....