Ludwig v. Canada ( Minister of Citizenship and Immigration )
IMM-1135-95
Nadon J.
9/4/96
20 pp.
Application for judicial review of visa officer's decision applicant medically inadmissible to Canada under Immigration Act, s. 19(1)(a)(ii)-Applicant applying for permanent residence as principle applicant indicating no close connections with Canada-Applicant cohabiting with and engaged to Canadian woman-Applicant having undergone surgery for lung cancer-Tumour measuring 3.5 cm-Handbook providing only patients with tumours less than 3.0 cm having greater than 70% chance of survival-Medical officer classifying applicant as having condition "which might reasonably be expected to cause excessive demands on health or social services"-Applicant arguing medical officer improperly fettered discretion by relying on Medical Officer's Handbook, medical officer's opinion unreasonable, visa officer's opinion unreasonable, visa officer erred in consideration of humanitarian and compassionate grounds-Application dismissed-Medical officers must not apply Handbook too rigidly and must decide admissibility of each applicant on basis of individual circumstances-However, Handbook similar to medical journals and reflecting common medical knowledge-Medical officer not fettering discretion in applying guidelines but used them as one element when considering applicant's circumstances-Medical officer's opinion also not unreasonable having addressed relevant criteria in Regulations, s. 22, Immigration Manual, s. 11, guidelines in Handbook, Medical Report required of all applicants, report from medical clinic and report from doctor including surgical pathology report-No incoherence, inconsistency, absence of supporting evidence or failure to consider cogent evidence-Visa officer's opinion not unreasonable-Having responsibility to consider reasonableness of assessment by medical officer only where evidence on record opinion may be unreasonable-Finally, no evidence of changed marital status before visa officer therefore no unusual humanitarian or compassionate grounds for granting application-On application for judicial review, Court can only consider whether visa officer's decision reasonable on evidence before him-Immigration Act, R.S.C., 1985, c. I-2, ss. 9(1)(b)(i), 19(1)(a)(ii) (as am. by S.C. 1992, c. 49, s. 11)-Immigration Regulations, 1978, SOR/78-172, s. 22.