Fong v. Canada ( Minister of Citizenship and Immigration )
IMM-158-96
Gibson J.
19/2/97
8 pp.
Application for judicial review of visa officer's decision at Hong Kong denying immigrant visas to applicants-One of principal applicant's dependant (Samuel) found by officer to come within inadmissible class of persons described in Immigration Act, 1976, s. 19(1)(a)(ii) as having mild mental retardation with full scale I.Q. of 53 and social maturity of 10 years-Might reasonably be expected to cause excessive demands on social services in Canada-Respondent's expert witness acknowledging Samuel might, under appropriate circumstances, be capable of working in open Canadian labour market performing unskilled, repetitive tasks-Samuel had, for thirteen years preceding date of decision under review, worked on full-time basis in sheltered workshop in Hong Kong where engaged in assembly of toys involving repetitive, simple tasks-Reasonably open to medical officers to conclude Samuel, with support of parents, would turn to equivalent sheltered workshop environment in Canada if one available to him-Applicants proposing to settle in Ontario if visas granted to them-Respondent erred in law in concluding applicants could not be granted admission to Canada as admission would cause or might reasonably be expected to cause excessive demands on health or social services in Canada-Application allowed-Immigration Act, 1976, S.C. 1976-77, c. 52, s. 19(1)(a)(ii).