Sabater v. Canada ( Minister of Citizenship and Immigration )
IMM-2519-93
McKeown J.
13/10/95
9 pp.
Judicial review of refusal of permanent residence-Visa officer relying on medical opinion 14-year old mentally retarded daughter inadmissible under Immigration Act, s. 19(1)(a)(i) or (ii) as admission might reasonably be expected to cause excessive demands on social services-Court competent to review medical evidence to determine whether medical opinion reasonable in circumstances-Specialists' reports reviewed by medical officers indicating mild mental retardation, but medical officers indicating only mental retardation-Medical officers failed to indicate level or degree of mental retardation-Degree, probable consequences of degree of mental retardation relevant to whether excessive demands on government services-As many factors to be considered, possible for person with mild mental retardation to cause excessive demands on social services-Reasonable to impose higher onus of proof on medical officer to demonstrate excessive demand in situation of mild retardation-If person suffering from mild mental retardation, must be clearly set out why found to cause excessive demands on social services-Medical officer not required to distinguish extent of degree of illness in most cases-But medical officers herein referring to article where effects of severe and moderate mental retardation costed out-No costing out of mild mental retardation, indicating recognized difference in demands on social services based on degree or level of mental retardation-Medical officers erred in failing to specify degree of mental retardation suffered-Immigration Regulations, 1978, s. 22 setting out factors to be considered by medical officer in relation to nature, severity or probable duration of disability-Medical officers considered several factors in s. 22-Jiwanpuri v. Canada (Minister of Employment & Immigration) (1990), 10 Imm. L.R. (2d) 241 (F.C.A.) not precluding looking at other relevant factors outside of s. 22-Relevance of lack of education, need for supervision and support relevant as specifically referred to in medical reports-Matter returned to visa officer for determination of level of mental retardation suffered, rehearing on issue of excessive demand on social service-Immigration Regulations, 1978, SOR/78-172, s. 22 (as am. by SOR/78-316, s. 2)-Immigration Act, R.S.C., 1985, c. I-2, s. 19(1)(a).