King v. Canada ( Minister of Citizenship and Immigration )
IMM-2623-95
Dubé J.
23/5/96
5 pp.
Application for judicial review of Department of Citizenship and Immigration's order requiring applicant to complete new medical examination-Mrs. King's application for landing refused in February 1992-Suffering from lesion on left lung, therefore failed to meet medical admissibility requirements under Act, s. 19(1)(a)(ii)-October 1994, appeal from decision allowed in law but not in equity-Board recommending re-examination and CAT Scan of chest-Applicant undergoing further examination in 1995-Lesion found on left lung but not possible to diagnose nature without further medical evaluation-Immigration Act, s. 77(5) providing where appeal successful, review of application for landing must be resumed and application shall be approved where requirements of Act and regulations, other than requirements on which appeal decision based, met-S. 77(5) ought not be interpreted in such manner as to permit immigrants to circumvent requirements of Act-Board did not determine Mrs. King not suffering from medical condition rendering her inadmissible under Act, s. 19-Neither did it conclude no evidence applicant suffers from lesion requiring extensive investigation and treatment which might reasonably be expected to cause excessive demands on Canadian medical services-Application dismissed-Immigration Act, R.S.C., 1985, c. I-2, s. 77(5) (as am. by S.C. 1992, c. 49, s. 68).