IN THE MATTER OF DAVID PHILIPPE BARLAGNE v. THE
MINISTER OF CITIZENSHIP AND IMMIGRATION
Summary : The application for judicial review of the applicant, Mr. David Philippe
Barlagne, is dismissed. Mr. Barlagne, a citizen of France, asked the Court to set aside the
decision of the visa officer refusing his application for permanent residence on the basis
that his daughter, Rachel Barlagne, who has hypotonic cerebral palsy with cerebellar
dysfunction, is inadmissible to Canada as a result of her health condition that might
reasonably be expected to cause excessive demand on social services.
The Court is satisfied that the agent did not breach its duty to act fairly. The fairness
letter, which set out the medical opinion, the prognosis, the social services required and
their associated costs, was sufficient to satisfy the requirement to act fairly. The CAIPS
notes were also sufficiently detailed and constitute adequate reasons. The Court found
that the visa officer and the medical officer took into account the applicant’s submissions
and evidence. The detailed plan provided by Mr. Barlagne indicated that his daughter
would continue to attend a public institution that offers special education and
rehabilitation services and that the family would pay for some services including the
rehabilitation services, namely speech therapy, physiotherapy and occupational therapy.
Therefore, the visa officer did not err in concluding that the costs related to teaching
resources for which the state would continue to be responsible under the proposed plan
constitute an excessive demand within the meaning of the Act. Last, while the applicant
was challenging the constitutional applicability or operability of subsection 38(1) of the
Immigration and Refugee Protection Act before the Court and the visa officer, he did not
serve any notice of constitutional question. Furthermore, the applicant did not submit
sufficient evidence in this respect. In any event, it is doubtful that the visa officer had any
jurisdiction to address such question.
Claudine Léger
Media Contact / Liaison avec les médias
Federal Court / Cour fédérale
Tel. / Tél. : 613-947-3177
