Please contact our team of Immigration Law professionals if your application has been refused based on medical inadmissibility.
You can be found medically inadmissible if you are applying to visit, study, work or live permanently in Canada.
Following are the three possible reasons under which you can be found medically inadmissible:
(a) is likely to be a danger to public health;
(b) is likely to be a danger to public safety; or
(c) might reasonably be expected to cause excessive demand on health or social services.
Danger to public health
Your application may be refused if the IRCC, based on your medical examination results, believes that your health condition will endanger Canada’s public health. Example your report may show that have certain infectious diseases, such as active tuberculosis or active syphilis, or whether you may have been in close contact with others with an infectious disease.
Other conditions may include;
- several impulsive sociopathic behavioural conditions and some sexual disorders such as pedophilia;
- a variety of paranoid states or some organic brain disorders linked to violent behaviour or risk of harm to others;
- applicants with substance abuse issues that lead to antisocial behaviour such as violence, and impaired driving;
Danger to public safety
Based on your medical examination report, your application may be refused if IRCC believes that your health condition will endanger public safety. Following will be considered your risk of:
- sudden incapacity (loss of physical and mental abilities)
- unpredictable or violent behaviour
Excessive demand on health or social services
Based on your medical examination report, your application may be refused if the IRCC believes your health condition might cause an excessive demand on health or social services.
Your condition is considered to cause an excessive demand if:
- the health or social services needed to treat your health condition would negatively affect wait times for services in Canada, or
- the services needed to treat and manage your health condition would likely cost more than the excessive demand cost threshold i.e $102,585 over 5 years (or $20,517 per year)
Medical inadmissibility is very common when you are sponsoring your elderly parents
Exceptions : Medical inadmissibility rules for excessive demand reasons don’t apply to:
- refugees and their dependents
- protected persons
- certain people being sponsored by their family, such as dependant children, spouses and common-law partners
Procedural Fairness Letter and medical inadmissibility
When a Canadian immigration officer suspects that the applicant is medically inadmissible to Canada, the officer will issue a Procedural Fairness letter to the applicant. The purpose of a Procedural Fairness Letter is to provide the applicant an opportunity to respond to an allegation of medical inadmissibility.
Below is a list of conditions where medical inadmissibility can be overcome which include, but are not limited to:
Chronic Kidney Disease , Crohn’s Disease, Cardiac Disease, Diabetes. Cancers, Autoimmune Disease, i.e.: HIV, Lupus, Learning Disabilities to Pervasive Development Disorder requiring special education, Autism, Cerebral Palsy, Down Syndrome, Psychiatric Disorders, Hepatitis B and C and Liver Disease, Blood Disorders, Tuberculosis, Brain Disorders, Rare Diseases and Conditions, Total Knee Replacement etc
Unfortunately commonplace conditions, and developmental afflictions, can also lead to the issuance of a Procedural Fairness Letter for a finding of medical inadmissibility. Conditions such as depression, can possibly be considered an excessive demand on Canada’s system. Sometimes these borderline conditions come also make officer to issue a Procedural Fairness letter.
If you received a Procedural Fairness Letter from IRCC regarding potential Medical Inadmissibility, we strongly recommended you to retain professional help to draft an proper response. Sometimes applicant after receiving the Procedural Fairness letter , submit the response themselves which results in a refusal and unfortunately you cannot send another reply with new explanations after the refusal.
If you or your dependent family member has a medical condition, contact us to and we can help you in the matter. It is extremely important to send a very well researched response to the Procedural Fairness Letter.
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