Sheikh v MCI 2010 FC 571

The Court found deficient the analysis of the best interests of the child noting: [29] While I am not prepared to intervene with respect to the Officer’s analysis concerning the situation of the parents and their youngest child, which appears to be reasonable in light of the entire evidence, I am of the view that the decision with respect to the adult children cannot be reasonable given the failure to acknowledge or engage in a discussion of their cultural connection to Canada and the non-existence of a connection to Pakistan. These children who came as dependents to their father’s refugee claim have lived in Canada for over a decade and should be uniquely considered.[30] The Officer does not distinguish between “unusual and undeserved” hardship - that which is not anticipated by the Act or is a result of circumstances beyond the person’s control - and “disproportionate hardship” - that which creates a disproportionate impact on the applicant due to their personal circumstances (IP-5 Guidelines). Regardless of the terminology, I consider that the Officer’s decision that neither of the applicant’s adult children will face hardship is unreasonable in light of the evidence of risk of return for Ashra (and the Officer’s failure to acknowledge it) and the establishment of both of the adult children in Canada and accordingly, it should be quashed