Choi v. Canada ( Minister of Citizenship and Immigration )
IMM-4399-94
Teitelbaum J.
18/7/95
10 pp.
Application to set aside visa officer's decision to refuse application for permanent residence-Investment category permanent residence application rejected by Canadian High Commission on basis of dependant daughter's mental disability-Medical officer forming opinion daughter's admission reasonably expected to cause excessive demands on social services-Applicant arguing medical officers failing to consider Regulation, s. 22 factors in forming opinion regarding "excessive demands for medical services"-S. 22 factors including (1) whether provision of required medical services might prevent or delay provision of same to Canadian citizens; (2) whether medical care or hospitalization required; and (3) whether individual's potential employability or productivity affected due to medical condition (Nyvlt v. Canada (Secretary of State) (1994), 26 Imm. L.R. (2d) 95 (F.C.T.D.))-Interpretation of word "excessive" as "unreasonable" or "beyond what system reasonably provides to everyone" not inconsistent with dictionary definition, i.e. more than what is normal or necessary (Jim et al. v. Canada (Solicitor General) et al. (1993), 69 F.T.R. 252 (F.C.T.D.)-Wealth of applicant and fact applicant can afford required special care not relevant-Waiver of applicant's rights to social services in Canada for dependant daughter cannot be imposed as condition of admission-Application denied-Immigration Regulations, 1978, SOR/78-172, s. 22.