[2013] 1 F.C.R. D-11
CitIZENSHIP AND Immigration
Status in Canada
Permanent Residents
Judicial review of decision by visa officer denying applicant’s permanent residence application under Federal Skilled Worker program due to son’s medical condition—Medical officer noting son having developmental delay, moderate learning difficulties—Applicant providing mitigation plan, personal financial information, letters promising financial support, evidence of contact with private schools—Not disputing medical diagnosis or assessed cost of required services—Visa officer not sending applicant’s plan to medical officer for evaluation—Visa officer erring in law by failing to submit applicant’s response to fairness letter to medical officer for evaluation—Citizenship and Immigration Canada’s Operational Bulletin 063 (OB 063) not suggesting that visa officer having discretion whether or not to consult medical officer—Revised version (OB 063B) intending to give visa officer discretion whether to seek opinion of medical officer on non-medical aspects of applicant’s plan—Visa officer herein considering applicant’s plan inadequate in part because nature of schools in question, agreement to accept child not indicated—Responsibility for providing opinion on such matters assigned by OB 063 to medical officer—Visa officer not thinking it necessary in present case to consult medical officer based on wording of OB 063B—Believing that anything non-medical relating to social services not needing to go to medical officer—Question certified as to whether immigration officer obligated to refer principal applicant’s response to fairness letter to medical officer for consideration, decision when medical diagnosis or medical prognosis or cost estimates to provide social services not disputed—Application allowed.
Lawrence v. Canada (Citizenship and Immigration) (IMM-8494-11, 2012 FC 1523, Mosley J., judgment dated January 8, 2013, 7 pp.)