Lim v. Canada ( Minister of Citizenship and Immigration )
IMM-6691-98
MacKay J.
3/9/99
7 pp.
Judicial review of order setting aside immigration officer's refusal of applicant's application for permanent residence under Deferred Removal Orders Class (DROC)-Applicant, citizen of People's Republic of China, arriving in Canada in 1990-Subsequently applying for permanent residence in Canada as member of DROC in 1995-Listing dependants living abroad as including wife, two daughters, son-Eventually informed one of daughters inadmissible because of medical condition expected to cause excessive demands on Canada's health, social services-Immigration Act, s. 19(1)(a) precluding admission to Canada of persons with medical, physical disability-Applicant requesting daughter be deleted from application for landing-Advised no provision under Act to permit him to delete inadmissible daughter from application for permanent residence-Application for permanent residence refused-In Adesina v. Canada (Minister of Citizenship and Immigration), [1999] F.C.J. No. 1063 (T.D.) (QL), Sharlow J. holding applicant required to establish eligibility of spouse, children who were dependants under Regulations-All those who qualified as dependants, as defined by Act, Regulations, required to be eligible for permanent residence in Canada, if application for landing of member of DROC to be approved-Under general Regulations (Immigration Regulations, s. 6), person seeking landing as permanent resident in Canada must establish dependants, whether accompanying him or abroad, eligible for admission to Canada as permanent residents-That requirement applies equally in case of member of DROC seeking landing from within Canada even if dependants abroad-If admissibility of any one of those dependants not established, application for landing will not be granted-Immigration Regulations, s. 11.401(e) specifically providing, for application to be approved applicant's dependants must not be persons described in Act, s. 19(1)(a)-Removal of applicant's daughter from application having no bearing on her status as dependant under Act-To qualify for landing, all of applicant's dependants must be eligible for admission to Canada-Application dismissed-Immigration Regulations, 1978, SOR/78-172, ss. 6 (as am. by SOR/83-675, s. 2; 92-101, s. 3), 11.401(as enacted by SOR/94-681, s. 3).