Ajanee v. Canada ( Minister of Citizenship and Immigration )
T-1750-92
MacKay J.
29/3/96
12 pp.
Application for judicial review of visa officer's determination applicant medically inadmissible to Canada-Applicant sought to enter Canada as husband's dependant-Had suffered from breast cancer but after undergoing mastectomy in 1989, no evidence of recurrence of cancer and prognosis excellent-Medical officer reviewing reports and concluded simply because all cancerous tissue had been removed and subsequent examinations did not disclose recurrence of cancer did not mean person free from disease-Necessary for at least five years to pass without sign of cancer to conclude applicant would not suffer recurrence-Applicant found to have condition which "might reasonably be expected to cause excessive demands on health or social services"-Application dismissed-Contrary to applicant's position, visa officer had no authority to review medical officer's diagnostic assessment-Under Immigration Act, s. 19(1)(a)(ii) medical officer, not visa officer, must reach opinion on admissibility-Where on evidence before him question arises whether opinion reasonable, visa officer may elect to seek further medical advice-Where no serious question as to reasonableness of opinion arises from record, visa officer may act on opinion-Further, medical officer's determination not, on evidence, unreasonable-Medical officers may utilize and apply rules set out in Medical Officer's Handbook but must be flexible and look beyond guidelines to individual`s circumstances-Determination herein supported by guidelines in Handbook and no evidence medical officers failed to assess medical evidence submitted by applicant-Opinion not incoherent or inconsistent in any way-Sufficient supporting evidence-Immigration Act, R.S.C., 1985, c. I-2, s. 19(1)(a)(ii) (as am. by S.C. 1992, c. 49, s. 11).