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MEDICAL REFUSALS

Canada Immigration Law, Medical Admissibility And Getting A Lawyer

Canada has a sophisticated framework for permanent residency.  As part of this system the country wants to make sure that immigration applicants are healthy and free from disease. This helps Canada maintain the health and safety of its citizens. Immigration applicants may find themselves being refused admission to Canada because of their current health status.

In other situations there may not be serious disease, but applicants still may be refused of their health is such that they may pose a strain on the Canadian health care system.  The question becomes what exactly constitutes medical inadmissibility in the legal, immigration law sense? And if a person has been found to be medically inadmissible – how can they appeal that decision?  These are legal questions and having an experienced immigration lawyer on your side can really help you.

Immigration lawyers spend their lives dealing with exactly these issues and it only makes sense to hire an immigration lawyer if you have medical issues that may result (or have already) in a medical refusal.  Yasmeen Nizam is such a lawyer, with over 10 years of experience.  Call today!

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What Is Medical Inadmissibility In Canada?

Generally there are two situations where a person may be medically inadmissible in Canada. First is the medical finding in which the applicant has contracted a condition that poses a danger or threat to the general public, like tuberculosis.

Second, and a more common ground, is where the medical condition of the applicant is so severe that they will demand excessive health care and social services. The Canadian government and the provincial governments including in Alberta are reluctant to admit people who have medical conditions that are going to be a strain on the health care system with regular hospitalization, doctor visitations, surgery, and other healthcare services that exceed the ‘average’ Canadian charge to healthcare system. This amount is also known as Canadian Cost Per Capita.

In many cases there is room to argue on the issue of “how much” of a strain the particular situation might place on the health care system and an experienced immigration lawyer can definitely help you in this area.

How Do I Appeal for Refusal of Medical Inadmissibility?

Firstly, talk to a lawyer.  As per the new regulations, spousal sponsorship under family class cannot be refused for medical inadmissibility on grounds of excessive demand. In order to appeal for the medical refusal, you have three ways:

(i) On Medical Grounds – A fairness letter is always issued before the refusal is rendered. This offers the applicant the chance to provide evidence, usually within 60 days that counter the findings of the immigration doctor.

(ii) On Financial Grounds – If the applicant has financial status to pay for the medical costs, then the immigration officer must consider averting the refusal. For example, if a child is autistic but his or her  parents can pay for the healthcare services, schooling, and other required services, then the refusal might be averted.

(iii) On Compassionate and Humanitarian Grounds – This argument can always be raised with potential medical inadmissibility, especially in family class refusals. For instance, where applicant has no ties in their home country, or medication attention is not available in the home country, the decision to avert the refusal can be considered.

Experienced Edmonton immigration lawyer Yasmeen Nizam has the experience necessary to help you reunite with your loved ones.  She can help you appeal issues as to medical inadmissibility.

Call Edmonton Immigration Lawyer Yasmeen Nizam Today!