Koudriachov v. Canada ( Minister of Citizenship and Immigration )
IMM-1218-98
Evans J.
3/9/99
13 pp.
Judicial review of refusal of visas for admission to Canada as permanent residents on ground applicant's daughter suffering from disability, such that admission might reasonably be expected to cause excessive demands on health, social services in Canada-Visa officer's letter explaining daughter suffering from developmental delay, probably requiring special education in Canada; also suffering from epilepsy-Application record containing several medical reports-Application dismissed-(1) Given extremely limited scope of review permitted of medical officers' diagnosis, prognosis of medical condition, visa officer not surrendering statutory responsibility for determining whether to issue visa by not examining medical documents to ensure medical officers' conclusions reasonable-Visa officers not required to check medical assessments against all medical information on which based-On basis of thorough review of whole of medical material, affidavit explaining how both medical assessment of daughter, excessive demand finding made, conclusions reached on either element of statutory definition not unreasonable or made without regard to evidence-Prognoses must be based on entirety of medical evidence gathered over time, not simply most recent report-Assessing daughter's progress, predicting likely trajectory, services required to help her to sustain it, matters of professional judgment with which Court of Appeal should generally not interfere-(2) Nothing preventing applicant from responding on "excessive demand" issue, especially since fairness letter set out educational, related services in opinion of medical officers might reasonably be expected to be required-Fairness not requiring greater disclosure of content of file-(3) Accepting for present purposes, when determining demand person's admission might reasonably be expected to cause to health, social services in Canada, visa officers required to take into account extent to which costs will be borne by family from own resources-In this case, no evidence before visa officer family would satisfactorily meet special educational, developmental needs of daughter-Since applicants responsible for satisfying visa officer meet selection criteria, officer not erring in law in not addressing issue-Question certified: Does duty of fairness require letter advising visa applicant of negative medical assessment, inviting applicant to submit further medical information not already in file, to also invite applicant to submit evidence on whether admission of person concerned might reasonably be expected to cause excessive demand on health, social services in Canada?