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Denied entry to Canada because of Medical Inadmissibility?

According to the IRP (Immigration and Refugee Protection) Act, a foreign national, defined as anybody who is not a Canadian citizen or permanent resident, may be deemed medically inadmissible for one of three distinct reasons:

  • They are almost certain to pose a threat to public health;
  • They pose a significant risk to public safety; or
  • They could reasonably be anticipated to result in an increase in demand for health or social services.
  • a danger to public health or a danger to public safety: What does it mean?

Evaluation of whether a health issue is likely to pose a risk to public health often consider aspects such as the disease's contagiousness and/or its impact on Canadians. Pulmonary TB and untreated syphilis are two examples of illnesses that fulfill this criterion and have resulted in inadmissibility.
When determining whether a health problem poses a threat to public safety, IRCC generally assesses if the condition may result in unexpected incapacity or unpredictable or aggressive behavior. Inadmissibility may emerge from the diagnosis of some impulsive sociopath logical behaviors or some aberrant sexual diseases, such as pedophilia.

What is excessive demand?

Inadmissibility decisions for excessive demand can be made in one of two ways:

  • the foreigner's need for medical services will have a detrimental effect on current long waiting times for those services in Canada;
  • the foreigner's need for medical services will have a detrimental effect on current long waiting times for those services in Canada; For comparison, the average Canadian's cost of health and social services was calculated to be $6,604 in 2018.

Notably, the cost criterion was formerly set solely based on the Canadian per capita cost. This means that if the cost of treating and managing the foreign national's health condition exceeds $6,604 in 2018, the migrant will be inadmissible. In 2018, IRCC signed the Temporary Public Policy on Excessive Demand for Health and Social Services into force, raising the existing cost barrier to three times (the average Canadian cost). This amounts to a “cost threshold” of $19, 812 annually, or $99, 060 over a five-year period.
Additionally, the definition of "social services" was revised to exclude from medical examinations of excessive demand those publicly financed social services that are directly related to health treatment or the provision of continuous monitoring and care. Because of these changes, social services such as special education and social and vocational rehabilitative services will no longer be included in decisions of inadmissibility. Bear in mind, however, that not all social services are exempt.
Another factor to examine when determining whether there is an excessive demand for foreigners wishing to settle in Ontario. In October 2017, the Ontario Ministry of Health and Long-Term Care stated that beginning 2018, all infants, children, and teens up to the age of 24 who are currently covered under OHIP will be covered under OHIP+.
OHIP+ enrollment will be automated, and all eligible prescriptions will be reimbursed at no cost if they are covered through the Ontario Drug Benefit (ODB) program. As a result, the expense of medication for minors will almost certainly be incorporated into medical admissibility assessments going forward.

How are costs determined?

Foreign nationals wishing to travel to and/or migrate to Canada are required to undergo an immigration medical examination pursuant to subsection 16(2)(b) of the Immigration and Refugee Protection Act, unless they qualify for an exemption under section 30(1) of the Immigration and Refugee Protection Regulations.
A medical officer who has seen this exam then provides an assessment of admissibility to the officer processing the application. The officer will analyze this assessment and determine if the foreign national's health condition meets the above-mentioned criteria for inadmissibility.
Prior to making an admissibility determination, the foreign citizen should be given an opportunity to respond via a procedural fairness letter.

What can an immigration expert do to assist you?

Numerous medical and psychiatric disorders, including developmental disabilities, might result in the denial of an immigrant visa or permanent residence applications. To achieve the best immigration results, it is necessary to reply to an officer's concerns with a well-researched, supported, and presented medical and legal immigration plan.