Date: 20000817
Docket: IMM-4018-99
BETWEEN:
AJIT SINGH
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
McDONALD J.A.
[1] This is a Judicial Review of a decision of a Visa Officer who refused the applicant"s application for admission to Canada on the grounds that he was medically inadmissible.
[2] The medical evidence indicated that medical officers were of the opinion that the applicant was suffering from asymptomatic positive serology-HIV and that he had evidence of a disease that was likely to deteriorate and result in extensive monitoring, specialized treatment, and repeated hospitalizations. Both medical officers Dr. Jacques Saint-Germain and Dr. Walter Waddell were of the firm opinion that the applicant was medically inadmissible pursuant to s. 19(1)(a)(ii) of the Immigration Act.
[3] It was suggested in argument by the applicant"s counsel that the medical information on the HIV infection used by the two medical officers was not up to date having for the most part been written in 1997 and 1998 whereas their opinions were dated in 1999. The applicant himself submitted some additional medical information after being advised of the Doctors" opinions. that he was medically inadmissible under the Act . Both Doctors reviewed the new information but it did nothing to change their medical assessment of medical inadmissibility.
[4] The Visa Officer relying on these medical opinions refused the application for permanent residence in Canada.
[5] There is nothing in the evidence which would warrant the Court"s intervention in the decision made by the Visa Officer and the application will therefore be dismissed.
"F. J. McDonald"
J.A.
Toronto, Ontario
August 17, 2000
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
| COURT NO: IMM-4018-99 |
| STYLE OF CAUSE: AJIT SINGH |
Applicant
| - and - |
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
| DATE OF HEARING: THURSDAY, AUGUST 17, 2000 |
| PLACE OF HEARING: TORONTO, ONTARIO |
| REASONS FOR ORDER BY: MCDONALD J.A. |
DATED: THURSDAY, AUGUST 17, 2000
| APPEARANCES BY: Ms. Chantal Desloges |
| For the Applicant |
Ms. Leena Jaakkimainen
For the Respondent
| SOLICITORS OF RECORD: Green & Spiegel |
Barristers and Solicitors
121 King Street West, Suite 200
P.O. Box 114
Toronto, Ontario
M5H 3T9
| For the Applicant |
Morris Rosenberg
Deputy Attorney General of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 20000817
Docket: IMM-4018-99
BETWEEN:
AJIT SINGH
Applicant
| - and - |
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
| REASONS FOR ORDER |