13/12/2017 - Michelle Atkinson
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Canadian Immigration Blog
This Week’s Featured Success Story: Appeal Allowed in Complex Case of Medical Inadmissibility!
We were very pleased to obtain a positive result on a complex appeal involving medical inadmissibility. The Appellant applied to sponsor his mother to Canada, and his two siblings (who were dependent on their mother due to their age) were also included. Following immigration medical exams, the Appellant’s brother learned that he had a health condition which would likely cause an excessive demand on Canadian health or social services. By the time this came to light, however, the brother was an adult who no longer wished to immigrate to Canada. The Appellant therefore asked that his brother be removed from the application. The visa officer did not allow the Appellant’s brother to be removed from the application because he was locked in as a dependent, and refused the application for the entire family because of his medical inadmissibility.
Our office argued that the visa officer committed a legal error in not allowing the Appellant’s brother to be removed from the application before a final decision was made. We provided detailed legal submissions citing relevant legislation and jurisprudence, as well as supporting evidence. The Immigration Appeal Division allowed the appeal in chambers, without requiring the attendance of the parties. We are very pleased for the Appellant and his family!