Harsh school report dashed immigration hopes: lawyer

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This article was published 01/08/2017 (2973 days ago), so information in it may no longer be current.

An “exaggerated” school psychologist’s report on a girl’s special needs that was worded “as negatively as possible” in order to secure school division funding was used by federal immigration officials to reject her and her family’s bid to stay in Canada, says a memorandum filed in Federal Court on Monday.

Jon and Karissa Warkentin moved their family from Colorado after buying a tourist lodge in Waterhen, Man., and resettling to Canada in 2013 with plans to make it their permanent home. That dream was dashed after immigration officials denied the family’s application for permanent resident status, saying six-year-old Karalynn is medically inadmissible because of a 2015 school psychologist’s assessment. Her parents, whose work visas expire Nov. 24, hired an immigration lawyer who has already filed a motion for leave to have a Federal Court judge review their case.

On Monday, Alastair Clarke said he filed a 27-page memo with the Federal Court arguing the immigration officials’ decision was based on a report by a school psychologist rather than a pediatric specialist, as directed by immigration guidelines.

It points to a Frontier School Division psychologist’s November 2015 report that said Karalynn — who started having seizures in 2014 — was showing signs of global developmental delay (GDD) and attention deficit hyperactivity disorder (ADHD). The purpose of his assessment, he said, was “to determine Karalynn’s specific strengths and areas of challenges.” It was not an immigration medical examination or for diagnostic purposes or in any way conclusive, says the memo filed with the court. Federal immigration officials, however, based their conclusion that Karalynn is medically inadmissible on the report which said she had “signs of” GDD and ADHD, the memo said.

“To be fair, (the school psychologist) wrote that report without knowing immigration was an issue,” the Warkentins’ lawyer said in an interview Monday. “That report was used for securing school funding — for getting all the required services for the student… and to notify the government about what services might be required,” Clarke said.

“The error was on the part of the officer who relied on that report for immigration,” said Clarke. “When it comes to reviewing applications from families with children with a developmental delay, there is an immigration directive that explicitly states that the officer should refer the applicant to a pediatric specialist.”

That didn’t happen, said Clarke. Instead, the federal immigration authorities relied on the one-time observation of a school psychologist who watched Karalynn in class for 20 minutes then met with her “briefly,” said the memo filed in Federal Court. The psychologist named in the court document now works for another school division and attempts to contact him by email Monday were unsuccessful.

In an affidavit, Jon Warkentin identified a teacher at Karalynn’s school who told him that the psychologist’s report was drafted “as negatively as possible” for the best chance at securing funding for the school. “His intent was to provide justification for the school to request a new iPad for the school and funding for the position of an educational assistant,” said the memo filed in Federal Court.

The Warkentins’ application for permanent residency was denied in late 2016 by Canadian immigration officials because of a section of the Immigration and Refugee Protection Act that states a foreign national is inadmissible on health grounds if their condition might reasonably be expected to cause excess demand on health or social services.

“The school psychologist’s report from 2015 was the primary source of the officer’s concerns,” the court memo said. “This report does not diagnose Karalynn with either GDD or ADHD.” The child was never assessed or diagnosed with having either, it noted.

Before hiring a lawyer, the family in January asked immigration officials to reconsider their decision. The Warkentins submitted documents showing their ability to pay for any extra services Karalynn might need, how their business is helping a remote northern community and letters of support from the school principal and the mayor of Waterhen.

In April, they received a refusal letter from Immigration, Refugees and Citizenship Canada. The family then hired an immigration lawyer. Clarke told them they needed additional medical reports and to submit a request for reconsideration based on Karalynn’s much-improved condition, the “exaggerated” school psychologist’s report, their remoteness and lack of access to immigration professionals and that more time is needed for a conclusive diagnosis of Karalynn’s condition so an immigration officer can make a sound decision, the court document shows.

In May, that request was refused. Clarke has since filed a motion for leave to have a Federal Court judge look at the Warkentins’ case and decide if the immigration officer erred in refusing their request for reconsideration. Karalynn has an appointment with a pediatric specialist near the end of August, he said.

carol.sanders@freepress.mb.ca