Maio v MCI 2009 FC 1288 Child found not to have studied full time and hence not dependent

The Court upheld a decision of the visa officer who found that the child was not a dependent. The child had missed a year of school and alleged it was due to a fracture. The Court dismissed the application notingL Nevertheless, the Applicant argues that her circumstances warrant the benefit of the definition of a “dependent child” and thus she should be deemed to have attended the post- secondary institution and actively pursued a course of study during the period of September 2005 to September 2006, on the basis that she was absent for reason of having suffered a fracture. It is useful to note in this regard that there was not much evidence submitted in regard to the nature of the alleged fracture which is said to justify the one year suspension of studies or any explanation as to why a fracture would have resulted in a withdrawal of studies for a one year period. In such circumstances, it was not unreasonable for the visa officer to find that an interruption in studies had occurred for that year.