CIC’s New Compliance Regime “Substantially the Same” for Work Permits to Commence April 1st, 2011

The government is stepping up its effort to ensure compliance by both Canadian employers and temporary foreign workers. From capping the length of work permits, to compliance checks months after the issuance of work permits, to employer black lists among many other features, we face a new reality in the world of work permits. Much of the nuts and bolts of the new regime will be most defined in practice with inevitable corrections to unintended consequences. We are being asked many questions about the new system. We feature one in our FAQ for the month – click here to read more.

Sapru: Landmark Decision in Medical Inadmissibility Law

Bellissimo Law Group was successful at the Federal Court of Appeal in the case of Sapru v. Canada (M.C.I.) 2011 FCA 35. This case provided important clarity in the area of Canadian medical inadmissibility law as to the distinct but yet interdependent roles of medical and immigration officers. It is a decision that will benefit applicants with medical issues worldwide because it ensures medical officers must be clear in their reasons for assessing medical inadmissibility and carefully consider the evidence and collaborate with the final decision maker, the immigration officer. Click here for the full decision.

Immigration Appeal Division Key Medical Decision

A recent successful Immigration Appeal Division decision reiterated some of the key points laid out in Sapru v. Canada (M.C.I).The case concerned the failure of a medical officer to individualize their assessment as required under s. 38(1)(c) of the IRPA when finding the appellant medically inadmissible to Canada in that their health condition might reasonably be expected to cause excessive demands on health and social services. Counsel for the appellant, Mario D. Bellissimo challenged and was successful in both law and equity in overturning the negative decision.

The Court determined that the medical officer relied on erroneous information regarding the daily dosage and cost of the appellants medication after kidney transplant did not take into account the improved state of health, did not individually assess the appellants ability and willingness to bear their own costs of medication, and the fact that one of the major drugs would always be purchased outside Canada. The Court reiterated that like in the recent Federal Court of Appeal Sapru decision, both the immigration officer and medical officer have actives role to play in their individual assessments and the analysis although complex must be fulsome. It also highlighted the 5 Year Period for Medical Inadmissibility Assessment runs from the date of the last medical. Read more here.

Click here for details on how to register for the National 2011 Citizenship and Immigration Law Conference.

IAD Counsel Evening Session March 14, 2011: Hundreds in Attendance!

Click here to read more.

Effective Advocacy for Immigration Lawyers a Huge Success!

Click here to read more.

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