Gao v. Canada ( Minister of Employment and Immigration )
T-980-92
Dubé J.
8/2/93
14 pp.
Application for certiorari to quash decision of Immigration Officer finding applicant inadmissible on ground of son's disability -- Immigration Act, s. 19(1)(a)(ii) identifying class of medically inadmissible persons -- Immigration Regulations, s. 22 listing factors medical officers must consider under s. 19(1)(a)(ii) -- Applicant's wife and son arrived in Canada in 1986 on visitors'visas -- Son, then 5, diagnosed by physician at Victoria, B.C. as mentally retarded[cad 211]Further reports sent to Health and Welfare in Ottawa not mentioning mental retardation -- Applicant informed in December 1991 permanent residence application denied under Act, s. 19(1)(a)(ii) -- Reviewing courts not competent to make findings of fact related to medical diagnosis, competent only to review evidence to determine whether medical officers' opinion reasonable in circumstances -- Medical opinion of January 1988 unreasonable when relied on by Immigration Officer in December 1991 -- Immigration Officer's finding of son's inadmissibility based on that opinion patently unreasonable -- No evidence factors in s. 22 considered as required and son's needs would place excessive demands on educational facilities in B.C. -- Applicant owed more than abstract opportunity to make representations to Immigration Officer -- Not given fair opportunity to make submissions before December 1991 decision -- Immigration Officer failing to act fairly -- Decision in Muliadi v. Canada (Minister of Employment and Immigration), [1986] 2 F.C. 205 (C.A.), applied -- Application allowed -- Immigration Act, R.S.C., 1985, c. I-2, s. 19(1)(a)(ii) -- Immigration Regulations, 1978, SOR/78-172, s. 22 (as am. by SOR/78-316, s. 2).