Canadian Court Denied PR to a Family Because of a Disabled Child!

Recently, the Canadian federal court has refused permanent residency to a French family, reason being one of their children is disable. The Quebec-based family was devastated by the court’s denial, according to which the disabled girl’s condition deemed to constitute an excessive demand on the social services resources of the province. The federal court followed the provisions of the Immigration law, which say individuals with serious health problem could pose excessive demand on the provincial health and social services. The case was considered ‘hard’ by the court.

Barlagne family, which was disappointed with the Canadian court’s decision to refuse permanent residency in Montreal is likely to request the Jason Kenney to look into the matter. The family may also appeal the court’s decision on compassionate grounds. However, a spokesperson for the immigration minister has to say that the immigration minister has barely anything to do with such a case. Since, immigration related decisions in Canada are taken by highly trained public servants, not politicians.

The Barlagne family hails from French Island of Guadeloupe. The couple moved to Montreal, after David Barlagne was encouraged by Canadian embassy officials in Paris to set up his software development business in Canada. Now, the family has spent five years in the province. The couple has two children, one being Rachel, who is suffering from cerebral palsy.

Stéphane Minson, the Barlagne family’s lawyer is now examining the court’s decision for grounds to appeal and the family is all hopeful about Jason Kenney’s take on the case!

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One comment

  • Tewari Vibhav

    Hello Abhinav,

    I obtained PR in Canada in June 2006
    1) Lived for a month in Nova Scotia, with relatives
    2) Returned to Oman to dispose of property/car
    3) Did not return to Canada after that.

    Now, in 2010, I am ‘Out of Status’. However, I need to return to Canada once to close my bank account.

    a) I want know if I can come to Canada with my family, put my kid in school and my wife there while I return back to my job?
    b) If yes, what legal resources do you have to make it possible ( ie. do you have lawyers who can assist in the above). If not, should I forget Canada…what is your advice?

    Please reply on [email protected]

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