2010 FC 4
January 5, 2009
Principle Established: Need to prove undue hardship for Humanitarian and Compassionate considerations.
The Applicant filed an application to sponsor his mother, father and dependent brother who had a slight mental handicap. Since the brother was found to be medically inadmissible, the whole application for sponsorship was rejected.
The issue is whether humanitarian and compassionate considerations should overcome the decision based on medical inadmissibility.
The Court found that the brother would need social services if admitted to Canada and that the applicant was not in a financial situation to assume these costs of social services. This was sufficient grounds for medical inadmissibility.
Concerning the humanitarian and compassionate considerations, the Court was not convinced that the family would suffer any undue hardship back in their home country since there were other relatives that were providing support to the family.
The application for judicial review was dismissed.