Family facing deportation from Canada applying to stay on humanitarian grounds

Family’s last resort to avoid deportation from Canada is humanitarian application

We previously blogged on the Barlagne family, originally from France, whose daughter has Cerebral Palsy here and here.  The Barlagne family moved to Canada in 2005 on a temporary work permit, but their application for permanent residence was denied because the Cerebral Palsy would place an “excessive burden” on Canada’s healthcare system, costing $5,259 per year, making their daughter medically inadmissible.

Family facing deportation from Canada accused of lying on immigration forms

It’s been one year since their application for permanent residence denial was upheld. David Barlagne is accused of failing to mention his daughter’s medical issues on several immigration forms, but he maintains that he was told by officials at the Canadian Embassy in Paris not to mention it, and that it wouldn’t prevent him from obtaining permanent residence.

The fact that the disability was concealed is what is making this case particularly difficult and lengthy, considering that it was concealed on the temporary worker application, the temporary worker permit extension application and the permanent residency application. But the Barlagnes say that their daughter is not sick, merely handicapped – therefore she doesn’t have a physical or mental illness as specified on the forms – and that the wording on the forms is not clear.

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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.

Tags: german family deported canada humanitarian grounds canada humanitarian grounds immigration canada

About Fadi Minawi

Fadi is a graduate of the University of Toronto and the University of Toledo College of Law. He is called to the New York State Bar and is registered as a Foreign Legal Consultant with the Law Society of Upper Canada. He is a member of the American Immigration Lawyers Association (AILA) and is currently serving as the Media Liaison for the Canadian Chapter of AILA. Fadi has extensive experience in US immigration matters and is the firm’s lead in the area of US immigration. He is specialized in corporate and family immigration, as well as issues dealing with US inadmissibility.

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