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| Medical Inadmissibility |
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The content of this article is intended to be informational only. We
caution you against using or relying upon any information contained
in this article without first seeking legal advice regarding your
particular matter. All matters arising from the use of our website,
including this article, shall be governed by Alberta law and shall
be within the exclusive jurisdiction of the courts of Alberta
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| (Updated as of January
2005) |
All immigrants to Canada
must be medically admissible. Exceptions are made for refugees,
spouses and dependant children. If an application for permanent
residence is refused because the person is medically inadmissible,
the matter may be appealed. If the applicant is not a member of the
family class then the appeal goes to Federal Court. If the applicant
is a member of the family class then the appeal goes to the
Immigration Appeal Division.
Immigration Appeal Division - Family Class Sponsorships only
In the course of sponsoring a family class member, sponsors must
demonstrate that they are financially capable of assisting the
newcomer relatives. In addition, those being sponsored will be required to
undergo a medical examination. Applicants attend upon a physician,
designated by Canada Immigration, and the results of the medical are
sent to the Department’s medical officers. If the medical officer
determines that the person would create an unacceptable burden upon
the health or social services of Canada, the opinion will be sent to
the Visa Officer. If there is a problem, the Visa Officer should
then be sending a letter to the sponsor indicating that the sponsor
and applicant may submit further information. There is no guarantee
that the Visa Officer will choose favourable evidence over the
opinion of the Medical Officer. If the applicant is refused the
sponsor will be notified and the sponsor has 30 days to appeal to
the Immigration Appeal Division (IAD). The IAD will review the visa
officer’s decision to determine whether the applicant is medically
inadmissible. If the IAD concludes that the person is still
medically inadmissible, the IAD will consider whether there are
humanitarian and compassionate reasons for allowing the family
member to come to Canada.
While sponsors may do their own application forms for family class
members, it is advisable to seek legal advice before sponsoring a
family class member (especially for aging parents and grandparents)
who has medical issues.
Federal Court - Non-Family Class Applicants
Applications for permanent residence are required to undergo a
medical examination. This examination and analysis is the same as
for Family Class Members. However, if a Visa Officer refuses the
application, the ‘appeal’ must be made to the Federal Court. There
is no appeal to the IAD and there is no new examination of any
humanitarian or compassionate considerations. The Federal Court does
not actually hear an appeal. The procedure is called Judicial Review
and the Court will only inquire as to whether the Visa Officer did a
proper and fair analysis. While a judge may have a different
opinion, the judge will not change the Visa Officer’s refusal if the
Visa Officer acted properly.
Applications to the Federal Court may only be conducted by lawyers
or by the applicant in person. Consultants are not permitted to
practice before the Court.
If you would like assistance with making an appeal related to
medical inadmissibility, please feel free to contact us by email at:
immlaw@caronpartners.com |
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