A French family will go before a Canadian court Tuesday to argue that immigration officials acted unfairly in ordering the family to leave the country because their daughter has cerebral palsy.

David Barlagne moved to Canada in 2005 with his family so that he could start a computer software business. Before making the move he spoke with Canadian officials in Paris about his daughter’s diagnosis of cerebral palsy and asked if the condition would pose any problems. Barlagne says he was urged to get a temporary work permit, make the move and that gaining permanent residency would be a mere formality down the line.

Five years later, that’s far from Barlagne’s reality. He built a successful business, but when his daughter applied for residency last year, she was deemed “medically inadmissible.”

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Now the Barlagnes are headed to court, alleging that Canadian immigration officials acted unfairly in their case. They plan to cite a 2005 Canadian Supreme Court decision saying that immigrant families must be allowed to stay if they can support their family member with a disability. Barlagne says his daughter does not currently have any special medical needs and that he is able to cover any extra costs she may incur.

If the family prevails at the Tuesday hearing, immigration officials will be forced to reexamine their case, reports the (Toronto) Globe and Mail. To read more click here.