Bakkeskaug v. Minister of Employment and Immigration, (1991) 48 F.T.R. 232 (TD)

• Judge: Rouleau, J.
• Court: Federal Court (Canada)
• Case Date: September 09, 1991
• Jurisdiction: Canada (Federal)
• Citations: (1991), 48 F.T.R. 232 (TD)

Bakkeskaug v. MEI (1991), 48 F.T.R. 232 (TD)

MLB headnote and full text

Terje Bakkeskaug (applicant) v. The Minister of Employment and Immigration and Minister of State for External Affairs (respondents)

(T-1837-91)

Indexed As: Bakkeskaug v. Minister of Employment and Immigration

Federal Court of Canada

Trial Division

Rouleau, J.

September 25, 1991.

Summary:

An alien and his family applied for perma­nent residence in Canada. Their application was rejected because one of the sons was undergoing treatments for Hodgkin's disease. The alien applied to quash the decision.

The Federal Court of Canada, Trial Divi­sion, dismissed the application.

Administrative Law - Topic 2267

Natural justice - The duty of fairness - Reasonable expectation or legitimate expectation - An alien and his family applied to immigrate from Sweden - Their application was conditionally accepted pending a medical exam by an approved doctor - The exam revealed that one of the sons had Hodgkin's disease - The doctor said the disease would not interfere with their immigration plans - The son was treated successfully in Sweden - The alien, his wife and other son moved to Canada - The family's immigration appli­cation was denied for medical reasons - The alien sought to quash the decision arguing that based on the doctor's as­surances he had a legitimate expectation that the application would be approved - The Federal Court of Canada, Trial Divi­sion, rejected this argument - See para­graphs 1 to 21.

Aliens - Topic 1751

Exclusion and expulsion - Immigration - Exclusion - Unhealthy persons - [See Administrative Law - Topic 2267 ].

Cases Noticed:

Attorney General of Hong Kong v. Ng Yuen Shiu, [1983] 2 A.C. 629 (J.C.P.C.), refd to. [para. 16].

Reference Re Constitutional Question Act (B.C.) (1991), 127 N.R. 161; 1 B.C.A.C. 241; 1 W.A.C. 241 (S.C.C.), appld. [para. 21].

Reference Re Canada Assistance Plan Act - see Reference Re Constitutional Question Act (B.C.).

Lee v. Minister of Employment and Immi­gration (1986), 4 F.T.R. 86 (F.C.T.D.), refd to. [para. 24].

Fung and Szeto v. Minister of Employ­ment and Immigration (1986), 4 F.T.R. 118; 18 Admin. L.R. 260 (F.C.T.D.), dist. [para. 25].

Badwal v. Minister of Employment and Immigration (1989), 107 N.R. 92; 9 Imm. L.R.(2d) 85 (F.C.A.), refd to. [para. 27].

Statutes Noticed:

Immigration Act, R.S.C. 1985, c. I-2, sect. 19(2)(a)(ii) [para. 13].

Immigration Act Regulations, sect. 22 [para. 13].

Counsel:

Peter A. Eccles, for the applicant;

M.R. Taylor, for the respondents.

Solicitors of Record:

Ray, Connell, Vancouver, British Colum­bia, for the applicant;

John C. Tait, Q.C., Deputy Attorney Gen­eral of Canada, Ottawa, Ontario, for the respondents.

This application was heard in Vancouver, British Columbia, on September 9, 1991, before Rouleau, J., of the Federal Court of Canada, Trial Division, who delivered the following decision on September 25, 1991.