Mo v. Canada (Minister of Citizenship and Immigration)

IMM-4082-98

2001 FCT 66, O'Keefe J.

14/2/01

23 pp.

Application for judicial review of visa officer's decision refusing applicant's permanent residence application on ground applicant's son, Kok Ho Wong, medically inadmissible--Applicant applied for permanent residence status under Investor Class on February 26, 1997--Medical Notification by medical officer, Dr. Axler, concluding requirement for special education considered excessive demand on social services--Dr. Kennedy not one of medical officers involved with assessment of applicant's son--Contents of two Kennedy affidavits not admissible in that facts therein not within personal knowledge of Dr. Kennedy as required by r. 81(1)--Whether medical officer's decision reached in error, thereby impugning visa officer's decision --Merely suffering from disease, disorder not rendering person inadmissible--Effect of disease critical to determination--Excessive demand defined as "more than normal"--Visa officer can, should ask whether circumstances of case indicate in fact probable excessive demand on health, social services--Assessment individual assessment which must consider each applicant's personal circumstances--Medical opinion herein including patently unreasonable error of fact in that information available to medical officers not that applicant's son, Kok Ho Wong, required special care, constant supervision--Evidence referred to by Court establishing opposite conclusion--Patently unreasonable error of fact resulting in error of jurisdiction--Opinion not valid opinion under Immigration Act, s. 19(1)(a)(ii)--Visa officer committed reviewable error based on invalid medical opinion to arrive at decision to deny visas to applicant, family--Application allowed--Federal Court Rules, 1998, SOR/98-106, r. 81--Immigration Act, R.S.C., 1985, c. I-2, s. 19 (as am. by R.S.C., 1985 (3rd Supp.), c. 30, s. 3; S.C. 1992, c. 47, s. 77; idem, c. 49, ss. 11, 122(c),(d); 1995, c. 15, s. 2; 1996, c. 19, s. 83; 2000, c. 24, s. 55).