Reconsider immigration claims with handicapped kids: top court

CBC News

Canadian officials must reconsider a decision to deny immigrant status to two men with children who are developmentally delayed, says the Supreme Court of Canada.

The men, from the Netherlands and South Africa, applied to come to Canada with their families but were turned down under Sec. 19 of the Immigration Act. Visa officers said their children's intellectual disabilities might create an excessive drain on social services.

But on Friday, Canada's top court referred that decision back to Citizenship and Immigration for reconsideration.

The 7-2 decision obliges different visa officers to make a new ruling, considering the fact that both men said they would pay for any services their children may need.

The men, referred to as H and J in the ruling, are both wealthy and want to settle in Ontario. One applied to come to Canada under the investor category, while the other applied under the self-employed category.

Both categories are, to a large extent, concerned with an individual's assets, the ruling noted.

"It seems somewhat incongruous to interpret the legislation in such a way that the very assets that qualify these individuals for admission to Canada can simultaneously be ignored in determining the admissibility of their disabled children," it said.

The judges further criticized the original decision rejecting their applications, saying factors such as possible bankruptcy, mobility, school closure or parental death could affect any applicant.

"Using such contingencies to negate a family's genuine ability and willingness to absorb some of the burdens created by a child's disabilities anchors an applicant's admissibility to conjecture, not reality," they wrote.

http://www.cbc.ca/story/canada/national/2005/10/21/immigrant-scoc051021.html

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\"considering the fact that both men said they would pay for any services their children may need. \"

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What kind of assurance are these folks going to provide?

I mean once here, they will avail of public healthcare....unles they intend to go to private hospitals (if there are any).

Private healthcare is very very expensive.

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