Digests

Karmali v. Canada (Minister of Citizenship and Immigration)

IMM-1955-01

2003 FCT 358, O'Keefe J.

27/3/03

22 pp.

Judicial review of visa officer's refusal of application for permanent residence based on Immigration Act, s. 19(1)(a)(ii) as son's mild mental retardation likely to cause excessive demand on Canadian social services--Whether test for finding of excessive demand subjective or objective--Visa officer's decision based on report of medical officer--If medical officer provides valid medical report, report binding on visa officer--However, if report of medical officer invalid, visa officer will make reviewable error of law if relying on report --Test for excessive demand subjective--Proper question whether applicant, in light of particular circumstances, likely to cause excessive demands on Canadian social services--Degree of family support relevant consideration for medical officer because applicant's son must be assessed based on uniqueness or own individual circumstances--In present case, medical officer applied objective standard-- Based on evidence, medical officers not addressing individual circumstances of applicant's son--By not applying proper test, medical officers made error of law--With respect to social services, incongruous to admit somebody as permanent resident because of significant financial resources but then refuse to take into account same resources when assessing admissibility of dependant--Family may pay for all of son's costs--Medical officer did not go far enough in consideration of supply or availability of social services--Consequently, applied wrong legal test, erred in law--Medical officers failed to properly discuss supply or availability of services for applicant's son--Since visa officer's decision or opinion based on invalid medical report, erred in law--Application for judicial review allowed--Immigration Act, R.S.C., 1985, c. I-2, ss. 19(1)(a)(ii).