Onofre v. Canada (Minister of Citizenship and Immigration)

IMM-1842-00

2001 FCT 293, Dawson J.

4/4/01

7 pp.

Application for judicial review to compel respondent to comply with Immigration Act, s. 77(5) and to resume processing of applicant's sponsored application for permanent residence in Canada--On June 28, 2000, visa officer advising applicant found inadmissible as suffering from moderate mental retardation, admission would cause, might reasonably be expected to cause excessive demands on health, social services--Applicant arguing issue of inadmissibility on basis of mental retardation determined by Appeal Division--Court unable to grant relief herein--Issue to be addressed in either judicial review of June 28, 2000 decision or in further appeal to Appeal Division in respect of that decision--Applicant's argument as to abuse of process failing to recognize fact prior opinion as to admissibility set aside by Appeal Division did not finally dispose of issue--Effect of Appeal Division's decision simply to place applicant in same position prior to making of invalid opinion--Application dismissed--Immigration Act, R.S.C., 1985, c. I-2, s. 77 (as am. by R.S.C., 1985 (2nd Supp), c. 10, s. 6; (4th Supp.), c. 28, s. 33; S.C. 1992, c. 49, s. 68; 1995, c. 15, s. 15; 1999, c. 31, s. 134).