Canada Immigration Case law, Canada, Herrera, IMMIGRATION — Selection and admission — Humanitarian and compassionate grounds

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IMMIGRATION — Selection and admission — Humanitarian and compassionate grounds — Applicants were Mexican citizens, whose application for Convention Refugee status and judicial review of refusal were dismissed — Applicants included three children aged 15, 18, and 21 — Applicants sought permission to remain on humanitarian grounds pursuant to s. 25 of Immigration and Refugee Protection Act (Can.), which was refused — Applicants applied for judicial review — Application dismissed — Although applicants had been in Canada six years, Act does not encourage illegal residence as way to improve chances of gaining permanent residence — No evidence that Mexican schools would not recognize children’s Canadian credits — Not proven that children could not re-adapt to life in Mexico — Criterion of best interests of child does not have preponderance of presumption on any other matter relevant to analysis of application based on s. 25 of Act — Decision of delegate was not unreasonable