CITIZENSHIP AND IMMIGRATION
Permanent Residents
Judicial review of immigration officer’s decision applicant medically inadmissible for permanent residence in Canada pursuant to Immigration and Refugee Protection Act, S.C. 2001, c. 27 (IRPA), s. 38(1)—Officer considering neither applicant’s ability to pay for own health care, nor request for temporary resident permit (TRP)—Hilewitz v. Canada (Minister of Citizenship and Immigration); DeJong v. Canada (Minister of Citizenship and Immigration), [2005] 2 S.C.R. 706, stating person’s ability to pay for social services salient consideration in permanent resident status assessment—Reasoning in Hilewitz not applicable to health services as financial ability not changing entitlement, access to health care—Officer not erring in medical inadmissibility determination but failure to deal with TRP request under IRPA, s. 24(1) error in due process—Application allowed.
Lee v. Canada (Minister of Citizenship and Immigration) (IMM-5478-05, 2006 FC 1461, Campbell J., order dated 5/12/06, 12 pp.)