Yogeswaran v. Canada ( Minister of Citizenship and Immigration )
IMM-1505-96
McKeown J.
17/4/97
8 pp.
Judicial review of visa officer's refusal of application for permanent residence because of medical inadmissibility of 11-year old dependent son who suffers moderate mental retardation as well as Down's syndrome-Application dismissed-Although preferable if visa officer requesting opinion on both medical condition and excessive demands on health or social services in Canada, that set out social services required and applicant's son unlikely as adult to be self-supporting in Canada, sufficient to meet requirements of procedural fairness as stated in Hussain v. Canada (Minister of Citizenship and Immigration) (1996), 35 Imm. L.R. (2d) 86 (F.C.T.D.)-Conflicting findings by doctors in medical profile portion of notification forms insufficient alone to render visa officer's decision patently unreasonable-Open to visa officer to find dependent son unlikely to be self-supporting as adult-Not indicating being considered as adult instead of dependant-Personalized special education requirements considered social service: Sabater v. Canada (Minister of Citizenship and Immigration) (1995), 102 F.T.R. 268 (F.C.T.D.) (obiter)-Although applicant succeeded on one of eight issues, decision as whole not patently unreasonable-Question certified: Does identified continuing need for personalized special education constitute "social service" within meaning of Immigration Act, s. 19(1)(a)(ii)-Immigration Act, R.S.C., 1985, c. I-2, s. 19(1)(a)(ii) (as am. by S.C. 1992, c. 49, s. 11).