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Ng v. Canada ( Minister of Citizenship and Immigration )

IMM-2903-94

Jerome A.C.J.

16/1/96

4 pp.

Application to set aside decision of visa officer refusing immigrant visa to land in Canada-Principal applicant employed on valid Canadian employment authorization since August 1990-Application for landing in Canada including wife, two sons-Refused as son Siu Chun suffering from severe mental retardation-Medical officers incorrectly applying test of selfsufficiency when considering dependent children such as minor applicant-Tests of admissibility must be relevant to purpose for which admission sought-Medical officers assessing minor applicant Siu Chun without regard to category under which admission sought-Son not applying to immigrate to Canada as independent applicant, rather included in father's application as dependant-No requirement under Immigration Act, Regulations for dependant to establish self-sufficiency- Application allowed-Immigration Act, R.S.C., 1985, c. I-2-Immigration Regulations, 1978, SOR/78-172.

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