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The Federal Court found the H&C refusal unreasonable for failing to address a minor applicant’s learning-related disability, global circumstances, and parts of the BIOC analysis.
Leave to appeal denied because the Applicant failed to show an arguable error by the General Division that would give a reasonable chance of success: bias was not established; any legal errors identified (e.g. treatment of Bill of Rights process) were non-prejudicial or irrelevant to the antedate remedy; the General Division applied the correct antedating test under s.10(4) EI Act and its factual findings about delay and the Applicant's evidence were supported by the record.
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