A Canadian immigration ruling for a family living in Montreal has been reserved.
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24 February 2010
Disabled child Canadian immigration case ruling reserved
The Candian immigration ruling for a French family that has been denied permanent residence in Canada because of their child's handicap has been reserved.
Federal Court Judge Johanne Gauthier announced at a hearing Tuesday in Montreal that she has reserved decision on whether the Canadian Immigration ruling against the Barlagne family should be reconsidered.
The two-hour hearing focused on whether David Barlagne has sufficient money to pay for his daughter's care.
David Barlagne and his wife Sophie moved to Montreal from the French island of Guadeloupe five years ago with their handicapped daughter and another child after officials at the Canadian Embassy in Paris granted him a temporary Canadian Work Permit.
Mr Barlagne said the officials convinced him Canada was a great location for his software development business, and that he was told his daughter Rachel, who has cerebral palsy, would be welcome in Montreal.
A 2005 Supreme Court decision found that immigrants should be allowed to stay in Canada if they can guarantee they can pay the costs of an illness or disability.
Mr Barlagne and his family moved to Montreal and set up a successful software company in the city, but when the Barlagnes applied to stay permanently in Canada, their bid was rejected on the grounds that Rachel's care would create an “excessive” burden on Canadian health and social services.
Rachel's care would cost the system $5,259 per year, said the Barlagnes' lawyer, Stéphane Minson, and Barlagne has maintained he is willing to pay for his daughter's care.
The Candian immigration case centred around the ability for the Barlagnes to pay for their daughter’s care, which includes regular speech therapy and physiotherapy.
"It was just a debate regarding cost," the family lawyer said.
"This is a kid. And I would like to hear from the government that they protect the kids, wherever they come from," he said. "This is what I'm expecting — not debating with numbers whether or not she is costly."
Minson argued at the hearing that the Canadian immigration agent handling Barlagne's case did not adequately consider the entrepreneur's financial capacity and ignored the 2005 Supreme Court ruling.
The Canadian Visa Bureau is an independent consulting company specialising in helping people with their Canadian Visa applications to the Canadian High Commission.
