Federal Court


Consequences if applicant unable to access medical care potentially life threatening


Consequences if applicant unable to access medical care potentially life threatening

Application for judicial review of decision of immigration officer to refuse application for permanent residence on humanitarian and compassionate considerations on basis that applicant would not suffer unusual and underserved or disproportionate hardship if he were required to obtain permanent resident visa from outside Canada. Applicant suffers from schizophrenia. Officer found that treatment including medication would be available to applicant in Democratic Republic of Congo (DRC), particularly in Kinshasa where specialized psychiatric facility exists. Application allowed. Officer erred in assessing hardship applicant would face in DRC as result of his major mental illness. Mental health facilities lack specialists to treat schizophrenia and medication often too expensive for patient. Consequences for applicant if he was unable to access proper medical care in DRC potentially life threatening and non-speculative. Applicant’s illness when untreated had led to aggressive behaviour that brought him into contact with police and criminal justice system in Canada. No reason to believe this would not happen in DRC if applicant unable to access appropriate medical treatment. Evidence regarding prison conditions in DRC horrific.

Lemika v. Canada (Minister of Citizenship and Immigration) (Apr. 20, 2012, F.C., Mactavish J., File No. IMM-5233-11) 217 A.C.W.S. (3d) 430 (10 pp.).

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