Canada ( Minister of Citizenship and Immigration ) v. Ram
IMM-3381-95
McKeown J.
31/5/96
7 pp.
Application for judicial review of Immigration Appeal Division (IAD) of Immigration and Refugee Board's decision allowing respondent's appeal on ground refusal to approve application for landing by four family members not in accordance with law-Applicant found medically inadmissible under Immigration Act, s. 19-Applicant suffering from double aortic lesion with evidence of cardiomegaly and left ventricular failure-Prognosis he will lapse further into left ventricular failure and eventual valve replacement therapy required-Doctor unable to be more specific about left ventricular function without further data-IAD finding prognosis based on vague and insufficient data-Reviewing courts not competent to make findings of fact relating to medical diagnosis but competent to review evidence to determine whether medical officers' opinion reasonable in circumstances of case-IAD went beyond jurisdiction when analyzed prognosis without medical evidence to back up prognosis-IAD also erred in holding no evidence of need for valve replacement therapy and finding uncertain when principal applicant will need therapy-No requirement in s. 19(1)(a)(ii) for fixed period of time following admission to Canada medical condition would require care and treatment placing excessive demands on health care services-Application allowed-Immigration Act, R.S.C., 1985, c. I-2, s. 19 (as am. by S.C. 1992, c. 49, s. 11).