Maduekwe v. Canada (Citizenship and Immigration), 2018 FC 75 : Refusal Upheld Where Living Mother Made Applicant Ineligible to Sponsor Nephew Under Other Relative Category

The Federal Court reviewed an Immigration Appeal Division decision concerning Pascal Ugochukwu Maduekwe’s attempt to sponsor his nephew in Nigeria under paragraph 117(1)(h) of the IRPR. Mr. Maduekwe’s mother was still alive, but he believed she was medically inadmissible and therefore could not realistically be sponsored. The IAD found that because his mother was a living relative whom he was eligible to sponsor, he could not use the “other relative” category to sponsor his nephew. The Court upheld that interpretation.

Key Principle

Paragraph 117(1)(h) of the IRPR permits sponsorship of another relative only where the sponsor does not have one of the specifically enumerated relatives who could otherwise be sponsored. Under the jurisprudence applicable in Maduekwe, the existence of a living sponsorable relative prevents reliance on paragraph 117(1)(h), even where the sponsor believes that relative’s own permanent residence application would likely fail. Predicted medical inadmissibility must also be supported by sufficient evidence.

Background

Mr. Maduekwe applied to sponsor his nephew for permanent residence. His mother remained alive, but he believed that her medical condition made her inadmissible to Canada. The Case Processing Centre therefore found him ineligible to sponsor his nephew.

The application was ultimately refused because his nephew did not qualify as a member of the family class while Mr. Maduekwe’s mother remained alive.

Before the IAD, Mr. Maduekwe argued that he had not attempted to sponsor his mother because she could not travel for an immigration medical examination and would create excessive demand on Canadian social services. His evidence consisted principally of his statements, photographs, and a local doctor’s letter describing hypertension, a previous stroke, and her need for daily assistance.

Court Findings

• Living Mother Prevented Sponsorship of the Nephew

The Court held that the prevailing Federal Court jurisprudence supported the IAD’s interpretation. To sponsor another relative under paragraph 117(1)(h), there had to be no possibility of sponsoring one of the relatives enumerated in the provision. Because Mr. Maduekwe’s mother was alive and he was legally eligible to sponsor her, the IAD reasonably found him ineligible to sponsor his nephew.

• Prospect of Mother’s Sponsorship Success Did Not Change the Result

The Court considered the certified question previously raised in Bousaleh about whether the IAD must assess whether sponsorship of an enumerated relative has a reasonable prospect of success. Existing jurisprudence supported the IAD without requiring that additional assessment. Even if the Federal Court of Appeal required such an inquiry, Mr. Maduekwe’s case would still fail on the evidence.

• Medical Inadmissibility Was Not Established

His mother had not been sponsored, examined by a panel physician, or found medically inadmissible by an immigration officer. The photographs, his own statements, and the brief doctor’s letter did not establish that a sponsorship application for his mother had no reasonable prospect of success. The IAD could therefore reasonably reject his prediction that his mother could not immigrate.

Outcome

The Federal Court dismissed the application for judicial review. It found the IAD’s interpretation consistent with the prevailing jurisprudence and its assessment of the medical evidence reasonable. No question was certified.

Case Citation:

Maduekwe v. Canada (Citizenship and Immigration), 2018 FC 75 (CanLII)