Last Updated on January 22, 2019
2010 FC 398
April 13, 2010
Principle Established: Duty to check healthcare availability is on the applicant
The applicant’s permanent resident visa for the whole family was refused because their son was found inadmissible based on his mild mental retardation condition.
The decision of the Visa Officer was challenged to be unreasonable and unfounded.
The court found that the refusal was neither unreasonable nor unfounded. The applicant was asked to supply medical information to prove how their son would not be a burden to Canadian healthcare, but they failed.
According to the court, it is the duty of the applicant to secure all information regarding the healthcare costs and benefits in the province they intend to live. The immigration officer only has to assess the information available in file.
The application for judicial review was dismissed.