Refused Based on Medical Inadmissibility?
Who is inadmissible?
Have you been refused based on medical inadmissibility? Have you received a procedural fairness letter? At ICS we specialize in solving and arguing a wide variety of medical inadmissibility cases.
What is a Fairness Letter?
If the medical officer determines that a health condition will involve an excessive demand on social services, they will send an opinion stating as such to the immigration officer (accompanied by a narrative report, list of social services and overall expected costs). The immigration officer then sends a procedural fairness letter to the applicant explicitly informing the applicant of the required care and social services which are relevant to the individual’s inadmissibility assessment. The excessive demand component is waived in the case of spousal/common-law and child sponsorships.
Recently, the Supreme Court of Canada after carefully considering all of the evidence and submissions of counsel on the matter of “excessive demand”, ruled that Canadian immigration authorities were wrong to declare an applicant’s dependent medically inadmissible without first considering the resources the family had at their disposal to help defray social and medical expenses.
If an individual is inadmissible to Canada, due to criminal, security or medical reasons, but requires entry to Canada, they may be eligible for a Temporary Resident Permit Canada (TRP).
We can help! Contact us today to see how we can help you.