Deol v. Canada ( Minister of Employment and Immigration )
A-280-90
MacGuigan J.A.
27/11/92
5 pp.
Appeal from Immigration and Refugee Board's dismissal of appeal from immigration officer's refusal of sponsored application for landing of widowed mother and two dependent daughters -- Application refused as one daughter mentally retarded, which in opinion of one or more medical officers might reasonably be expected to cause excessive demands on health or social services -- Board holding refusal valid based on concurring diagnoses of retardation -- Finding no humanitarian or compassionate considerations warranting special relief as appellant established and functioning well in Canada and family in India self-sufficient and offering security for retarded daughter -- Board suspicious of family's reluctance to acknowledge more than severe shyness with strangers -- Appeal allowed -- Board erred on issues of equity and validity of refusal -- Although Board may not question diagnosis of medical officers, should, when requested, enquire into reasonableness of conclusion as to probable demands on government services -- Board assuming from sole fact of agreement as to existence of mental retardation conclusion reasonable -- Fact of mental retardation alone not leading to particular conclusion as retardation covering wide range of possibilities from total inability to function independently to near normality -- Degree of retardation and probable consequences thereof in relation to excessive demands on government services relevant -- Board failed to assess that degree -- Furthermore, medical notification form completed by two medical officers showed intended occupation as "new worker", characterization intended for independent applicant, not sponsored dependants -- May have imposed higher standard of medical admissibility because not realizing sponsored dependant -- Board erred in exercise of equitable jurisdiction to grant special relief on humanitarian or compassionate grounds -- Considered only understandable reluctance of family to confront retardation and successful functioning of two households -- Failed to consider nature of daughter's condition, psychological dependencies retardation engenders, and close bonds of affection arising in such family in light of Act's objective of facilitating reunion of close relatives in Canada -- If application for landing allowed, entire immediate family reunited in Canada -- Immigration Act, R.S.C., 1985, c. I-2, s. 3(c).