Law360 Canada (October 3, 2023, 6:26 AM EDT) -- Application by Mohammed for judicial review of the Immigration Appeal Division (IAD)’s redetermination and refusal to overturn her inadmissibility finding on humanitarian and compassionate (H&C) grounds. Mohammed became a permanent resident in Canada in 2014 through her ex-husband’s sponsorship. She remarried in the US in 2016 and stayed there while her husband sponsored her permanent residence application. Her US residence application was denied in 2020 and her Canadian permanent residence had expired. Upon return to Canada, the Canada Border Services Agency found her inadmissible for failure to comply with the residency requirement. Mohammed appealed the agent’s decision to the IAD on H&C grounds, but her appeal was dismissed. On judicial review, Justice Ahmed found the IAD’s decision unreasonable for failure to consider several factors in Mohammed’s favour, particularly her service as a front-line worker during the COVID-19 pandemic and ordered the redetermination of her appeal. The IAD again dismissed Mohammed’s appeal on redetermination and found that she had chosen to prioritize her US residency application at the expense of her Canadian status and that the other factors such as establishment in Canada, family ties, hardship and the best interests of a child, did not justify granting Mohammed the relief sought. Mohammed argued that the IAD’s second decision was unreasonable and should be quashed and sought an order for another redetermination of her appeal. The Minister maintained that the IAD’s decision was not unreasonable because the evidence did not support the granting of the relief sought....