Immigration.ca - Canada Immigration News - March 2010
A would-be immigrant family will have to wait a while longer before finding out if they will be able to stay in Canada permanently.
The family, who is from France, have been forging a long battle with Canada’s immigration system. The battle is over whether or not David Barlagne’s seven-year-old daughter will be an “excessive burden” on Canada’s health and social systems. The child is afflicted with cerebral palsy and needs specialized care which includes physiotherapy and speech therapy.
Barlagne, who first came to Canada on a temporary visa to expand his software development business, says that he will fully pay for all of daughter’s medical needs. Immigration officials argue that Barlagne has not satisfactorily proven that he has the financial means to do so.
The case has reached the Federal Court, where last week Judge Johanne Gauthier reserved decision on whether or not the ruling on the Barlagne case would be overturned and sent back to a different immigration official for re-evaluation.
“It was just a debate regarding cost,” said Stephane Minson, the lawyer representing the family in the case. “This is a kid. And I would like to hear from the government that they protect the kids, wherever they come from.”
Minson says that a 2005 Supreme Court ruling supports immigrants’ rights to remain in Canada if they can prove they will pay for any costs related to disability or illness.
Source: www.cbc.ca
