French family's Permanent Residence Appeal denied: Now facing Deportation

Family’s Permanent Residence Appeal denied because of daughter’s illness

We had previously blogged about the Barlagne family, a family that immigrated from France almost 5 years ago after being told by immigration officials that they were exactly what Canada was “looking for”.

However, the family’s youngest daughter has cerebral palsy, something that is not contagious and non-progressive, but can limit mobility, speech and can cause seizures.family-happy

Quebec immigration officials denied the family’s application for permanent residence because of her condition. On Wednesday, the decision was upheld by a Federal Court.

The family has become well-established in Canada: the family’s daughters are already in school, Mrs. Barlagne teaches French to immigrants at no charge, and Mr. Barlagne is running a successful software company.

The reason for the possible deportation is the fear of the strain on social or health services because of the daughter’s condition, however the Barlagnes say they’re in a position to pay for some of her $5,000 annual treatment. They also say that she is drastically improving under the treatments offered in Canada.

Despite asking before applying for permanent residence that his daughter’s condition was going to be an issue, the family is facing deportation. They were told by a representative of the Canadian government that they’d be fine before they immigrated, as long as Mr. Barlagne had been running his business for a few years.

Options after a Permanent Residence Appeal is denied

The Barlagnes’ next step is to ask to apply on humanitarian grounds, and they have appealed to Citizenship, Immigration and Multiculturalism Minister Jason Kenney. However, his office has stated that it’s not up to politicians to make those decisions.

Let’s hope the family’s Humanitarian application makes it–they certainly deserve it.

Have a question about a Permanent Residence Appeal? Contact Niren and Associates immigration law firm today.

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Any information provided here does not constitute legal advice and is intended for general information only. Should you require legal advise, you are encouraged to contact a lawyer directly. All blog postings are public and are not subject to solicitor/client confidentially. Case results depend on a variety of factors unique to each case, and case results do not guarantee or predict a similar result in any further case undertaken by the lawyer.

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About Michael Niren

Michael is a graduate of Osgoode Hall Law School in Toronto. He is a member of the Law Society of Upper Canada, the Canadian Bar Association’s Citizenship and Immigration Section and the American Bar Association. He is frequently called upon to appear in the media to discuss Canadian and US immigration issues effecting North Americans. He has been interviewed by Canada AM, CTV, Canada News Net, the Globe and Mail and the Toronto Star and has given lectures on immigration topics overseas.

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