Montreal Family Facing Deportation from Canada due to Daughter's Medical Condition

Montreal Family Facing Deportation from Canada

The Barlagne family immigrated from France to Canada in 2005 with dreams of starting their own business and a new life. Almost five years later, their computer software business is booming, the family’s two daughters are attending school and Mrs. Barlagne teaches new immigrants French at no charge to help them better amalgamate themselves into Canadian culture.

But the family has had to put all of this on hold, because their ability to continue living in the country they now call home all rests on an immigration hearing in February. If they lose, they must leave the country.

Their youngest daughter, Rachel, has cerebral palsy. Cerebral palsy is a term that includes a spectrum of physical disorders with regards to the development of the human body and motor functions. It can cause issues with posture, limit activity, and can affect behavior or cause seizures. It is non-progressive and non-contagious. Rachel, 7, did not pass the medical exam that her family passed, and a government letter to the family states fears that she “risks giving rise to an excessive burden on social or health services”.

Rachel’s particular form of cerebral palsy does not need any special medical treatment other than rehabilitation and physical therapy because of her inability to speak or walk. David Barlagne, Rachel’s father, told Canwest News Service last week that her progress is terrific and she is now speaking a few words, and he would pay for the services himself.

Barlagne actually asked before applying for permanent residence if his daughter’s condition would be an issue, and was told that as long as his business was established for a few years, permanent residency would be doable. He says that a representative of the Canadian government told him it would be no problem.

Avoiding deportation from Canada may depend on knowing Canada’s immigration rules

Heartbreaking and stressful situations like these reiterate the heavy importance knowing medical inadmissibility provisions under immigration law and how they may apply to your application for Canadian permanent residence. Avoiding deportation from Canada may depend on it.

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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