Maschio v. Canada ( Minister of Citizenship and Immigration )
IMM-3354-96
Reed J.
14/11/97
12 pp.
Application to set aside visa officer's decision applicant inadmissible to Canada as permanent resident as medical condition could cause excessive demands on health or social services in Canada: Act, s. 19(1)(a)(ii)-1994 surgery had successfully removed cancerous growth in lung-Medical doctors who evaluated application for s. 19(1)(a) purposes incorrectly read applicant's medical records and stated applicant expected to deteriorate and require regular medical attention, specialized treatment and hospitalization-Second medical notification corrected errors but arrived at same conclusion, without giving applicant opportunity to respond to medical assessment-Meanwhile, at interview with visa officer, applicant showed his extensive health insurance coverage and stated his intention to return to Boston for treatment, if required-Landing refused in view of latter medical notification-Furthermore, administrative practice not to take into account person's intention not to use Canadian health services in assessment as no way of enforcing commitment once person in Canada, and as would give preference to wealthier, insured applicants over less well-off applicants-Applicant provided expert report on medical records and criteria-Application allowed-At interview with visa officer, neither applicant nor interviewing officer knew second medical notification had been signed-Applicant given no information about policy medical officers were applying-While applicant told being given opportunity to send new medical information not previously on immigration medical file, applicant did not know what was in immigration medical file-S. 19(1)(a)(ii) presenting many difficulties: what are excessive demands on health services, are personal circumstances of individual (herein, health insurance, intention to return to Boston for treatment) relevant to decision?-Doctors being asked to make s. 19(1)(a)(ii) decisions not happy with vagueness of legislative "direction" given-In fairness to all, legislator should provide clearer definition of what is intended-Applicant herein not given adequate opportunity to respond to prospective decision admission might reasonably be expected to cause excessive demands on health services-Applicant did not know content of medical file, did not know what criteria applied to assess his medical condition-Applicants' files not necessarily to be produced in all cases, but, in circumstances of present case, disclosure inadequate-Counsel given opportunity to make representations as to whether question for certification arises-Immigration Act, R.S.C., 1985, c. I-2, s. 19(1)(a)(ii).