Wong v. Canada ( Minister of Employment and Immigration )
A-195-91
Mahoney J.A.
24/9/92
3 pp.
Appeal from refusal to grant order requiring application for landing be dealt with without further mental assessment -- Application for landing refused based on medical opinion accompanying dependant, Down's Syndrome sufferer, predisposed to Alzheimer's disease -- Medical evidence discrediting predisposition led to consent order quashing refusal and requiring respondents to consider and process application in accordance with Act and Regulations and to determine whether would be contrary to law to grant landing -- Visa officer declined to take further action unless child subjected to psychometric testing -- Appellant argued order rendered as to inadmissibility under s. 19(1)(a)(ii) on basis of child's mental condition no longer issue; only basis found inadmissible for that reason invalid and matter res judicata -- Appeal dismissed -- Order not excusing appellants from establishing admission would not be contrary to s. 19(1)(a)(ii) -- Only Down's Syndrome/Alzheimer's disease link res judicata -- Immigration Act, R.S.C., 1985, c. I-2, s. 19(1)(a)(ii).