November 4, 2013

Mario D. Bellissimo Today at the Federal Court of Appeal

Mario D. Bellissimo will be arguing the case, Lawrence v. The Minister of Citizenship and Immigration, before the Federal Court of Appeal.

Facts:

• The applicant was denied permanent residence in Canada under the Federal Skilled Worker program due to his son’s medical condition.

• On April 26, 2010 Dr. Sylvain Bertrand, the Medical Officer in London, recorded his opinion that the boy, aged 15 at the time, was medically inadmissible due to developmental delay and moderate learning difficulties

• Dr. Bertrand assessed that the boy would require services amounting to between $98,500 and $126,500 over five years rather than the $25,715 average cost over five years.

Issue:

Did the applications judge correctly find that the Immigration Officer erred in law by failing to refer the fairness response to the Medical Officer?

Click here to read the decision