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Medical Inadmissibility

Has your immigration case been refused because of medical inadmissibility?
Have you received a procedural fairness letter?
At
Bellissimo Law Group PC we specialize in immigration medical inadmissibility cases.


Who can be found to be medically inadmissible?

The Immigration and Refugee Protection Act sets out that a foreign national, which is anyone who is not a Canadian citizen or permanent resident, can be found to be medically inadmissible on 1 of 3 separate grounds:

  • They are likely to be a danger to public health;
  • They are likely to be a danger to public safety; or
  • They might reasonably be expected to cause excessive demand on health or social services.

What does it mean to be “a danger to public health” or “a danger to public safety”?

Assessments of whether or not a medical condition is likely to cause a danger to public health generally require consideration of factors such as the communicability of the disease and/or the impact it could have on persons living in Canada (see section 31 of the Immigration and Refugee Protection Regulations). Examples of conditions that fit within this description and have resulted in medical inadmissibility include Pulmonary Tuberculosis and untreated syphilis.

Assessments of danger to public safety take account of whether or not the medical condition may result in sudden incapacity, or unpredictable or violent behaviour. Inadmissibility could result from diagnosis of certain impulsive sociopathic behaviour disorders or some aberrant sexual disorders, such as pedophilia.

What is excessive demand?

Determinations of inadmissibility for excessive demand can result from 1 of 2 separate assessments: 1) the foreign national’s need for medical services will negatively affect current wait times in Canada for said services; or 2) the services required to treat and manage the foreign national’s health condition will cost more than 3 times the Canadian per capita cost for health and social services over a 5-year period (or 10, if significant costs are likely to be incurred). For reference, the cost of health and social services for the average Canadian was determined to be $6, 604 in 2018. 

Importantly, the cost threshold was formerly based on the Canadian per capita cost alone. This means that, if in 2018 the services to treat and manage the foreign national’s health condition cost more than $6, 604, that migrant would be inadmissible. On 1 June 2018, the Honourable Ahmed Hussen signed into effect the Temporary Public Policy Regarding Excessive Demand on Health and Social Services, which increased the existing cost threshold to three times the average Canadian cost. A full discussion of this policy is available on our blog, here. This means that the “cost threshold” has been set at $19, 812 per year, or $99, 060 over 5 years.

The Temporary Public Policy Regarding Excessive Demand on Health and Social Services additionally amended the definition of “social services”, limiting medical assessments of excessive demand to only those publicly funded social services that are related to health services and/or the provision of continual supervision and care. As a result of these changes social services that will no longer be included in determinations of inadmissibility include special education services and social and vocational rehabilitation services. Be mindful though not all social services are exempted.

One further consideration for assessments of excessive demand for foreign nationals hoping to settle in Ontario. At the end of October 2017, the Ontario Ministry of Health and Long-Term Care announced that as of 1 January 2018, all babies, children and youth, up to 24 years who have OHIP coverage will be covered by OHIP+. Enrollment in OHIP+ will be automatic and all eligible medications will be covered at no cost if they are available through the Ontario Drug Benefit (ODB) program. As a result, the costs associated with medication for children will now likely be factored into medical admissibility assessments. For more information, please read our blog post on these changes, here.

How is cost assessed?

Foreign nationals hoping to travel and/or migrate to Canada must undergo an immigration medical examination, pursuant to subsection 16(2)(b) of the Immigration and Refugee Protection Act, unless they are exempt under section 30(1) of the Immigration and Refugee Protection Regulations. An assessment of admissibility is then provided to the officer processing the application by a medical officer who has reviewed this exam. The officer will consider this assessment and decide if the foreign national’s health condition falls within the parameters for inadmissibility set out above. Before a decision is made on admissibility, the foreign national should be provided with an opportunity to respond via a procedural fairness letter.

How can Bellissimo Law Group PC help?

Many medical and psychological conditions, including developmental delays, can lead to refusal of an immigration visa or application for permanent residence. It is critical to respond to an officer’s concerns with a medical and legal immigration plan that is well researched, supported and presented in a convincing and substantive manner for the best immigration results.

We work on these plans for medical immigration cases daily with Immigration, Refugees and Citizenship Canada (IRCC), the Immigration Appeal Division and the Federal Courts. We have fought hard, as high as the Supreme Court of Canada, to bring factors considered by officers assessing medical inadmissibility to where they are today, i.e.: taking into account an applicant’s individual circumstances, ensuring consideration of an applicant’s plan to offset any costs and their resources, and ensuring that the appropriate officers undertake the appropriate steps and make decisions they are empowered to make. See Hilewitz, Colaco, Sapru.

We have successfully presented plans for various medical conditions which include, but are not limited to:

  • Chronic Kidney 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

Don’t wait until your immigration visa is refused. Instead, be proactive. If you or your dependent family member has a medical condition, contact us to discuss. Timing is critical as steps can be taken before a decision is made to alter the outcome. At Bellissimo Law Group PC we have litigated medical immigration cases right to the Supreme Court and are responsible for most the cases that have shaped this area of law.  This area of law is extremely complex and good advocacy can be the difference so ensure you are well represented.  Please click below to read what our client’s whom we have assisted with medical cases say.     

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Inadmissibility Testimonials

Important Immigration Court Decisions


What Our Clients Are Saying
Bellissimo Law has been the greatest help we could have asked for our journey. Our case needed an appeal which was very well organized, documented and presented to the authorities. We received a positive decision on the case all because of the expertise of Mr. Bellissimo and team. Keely and John are great at responding all smart and stupid questions and the team is very prompt to answer emails. They have the entire process streamlined, right from extension to evidences which makes our job easier. We got the quotes from some of the other law firms too who are all good and had lower charges. We chose Bellisimo because they are the best and in the long term a few extra bucks won't matter but the results will. Highly recommended.
Vaibhav Chaturvedi
Vaibhav Chaturvedi
16:51 06 May 19
Our immigration process was handled by Bellissimo Law Group. The first consultation with Mr Bellissimo was very insightful. Ms Keely Anderson was particularly very helpful. She guided us through the process. I will definitely recommend this law firm. They know what they are doing. Thanks once again for guiding us through the process.
Dare Sokoya
Dare Sokoya
19:27 28 Mar 19
I greatly recommend Bellissimo Law Group. After a long time waiting, I will finally be reunited with my son here in Canada. We are very grateful for all the great, very professional services that they have done for my case. My personal thanks to Kelly Anderson and her group. More power to all of you!
michele medalla
michele medalla
23:36 04 Mar 19
I wish I’d found Bellissimo Law 9 years ago before taking the advice of a so called Immigration Consultant who led our family to a very costly near disaster in our quest to immigrate to join our family in Canada. Years later, in desperation, at a Procedural Fairness Letter stage internet research seemed to suggest Bellissimo Law may be the company to deal with our problem. From the first consultation with Bellissimo Law their extremely thorough, very focused telephone interview personified professionalism and reassurance. All subsequent dealings with any member of the team were of the same high standard. It was clear to us that Mario Bellissimo leads from the front and that his staff not only respect him but that they are trained to match his standards and caring approach. I believe it is very important to mention that although they seem expensive, when our particular problem resolved more quickly and easily than anticipated they refunded the money which had not yet been used. Thanks particularly to Keely, our lead person, and to all at Bellissimo. I will always, highly recommend Bellissimo Law. Keep up the good work. In less than 6 months all our worries are over. We are now permanent residents.
Patricia Forsythe
Patricia Forsythe
23:33 22 Mar 19
Very professional and very informative on the phone. Good to see that it is not all about money and more about relationship building. Highly recommended. Thank you!
Atabak Amirabrahimi
Atabak Amirabrahimi
17:19 16 Apr 19
Great service and successfully guided us through the immigration and citizenship processes. Terrific attention to detail, and created a terrific case for our application, which was successfully approved. Attached is a picture with the judge. A wonderful day. So proud to be a Canadian!
Carlos Berber
Carlos Berber
15:45 26 May 19
Bellísimo law group made a dream a reality. They help me throughout the entire process of becoming a Canadian permanent resident. Great service. I will definitely use their services again in the future. Highly recommended
Jose Rendon
Jose Rendon
01:01 29 May 19
We had a fantastic experience with Bellissimo Law Group. From Mr. Bellissimo to the entire staff, in particular Viola Gniadek, were professional, diligent, knowledgeable and available at all times. We thank the entire group for a successful resolution for my friend Catherine. I would highly recommend the firm for any and all of your immigration needs. Thank you all for a job well done!
Liliana Pelech
Liliana Pelech
14:53 01 Jun 19
I sponsored my parents in 2007 and I was refused in 2013 based on medical inadmissibility of my mentally challenged brother. I found Late Mr. Rotenberg as my original lawyer who passed away during the process. I was very disappointed as I was counting on his expertise to help me with my situation. Mr. Bellissimo was God send for me to help me with my case. I am very thankful that he took on my case. His team member Ms. Tamara Thomas worked with me and advised me with regards to the documents that I needed to obtain, they did extensive research on eligibility criteria of various social and health systems. They worked with me on the interview preparation. The time spend working with them was very targeted and very specific to address the Minister's concerns. They ensured there was no further waste in time or any delays. The way they presented my case and helped me win it only a world class Law firm can do that as there were times I was going to lose my hopes. I would totally recommend this law firm to anyone who is going through similar situation as mine with both hands down. Mr. Bellissimo and the team (Ms. Tamara Thomas) you guys are amazing and thank you so much again for reuniting me with my family in my beautiful dream country Canada.
Irshad Khan
Irshad Khan
17:46 04 Jun 19
They’re very professional and the advice was given 100% accurate. The lawyer Justin Toh didn’t rush at all. He took the time to answer all our questions in details. I’m very happy with their service.
Shah Alam
Shah Alam
21:15 09 Jul 19
Great service! I had a lot of questions prepared and Viola answered each and every one of them articulately and concisely. I definitely recommend Bellissimo!
RYAN COWLEY
RYAN COWLEY
17:39 30 Jul 19
Hands down i would never done it by myself if it wasn't for Mr. Mario and Ms. Anderson hard work, I was facing deportation and they helped me step by step to get through it to be honest I am very forgetful person and Ms. Anderson always keep me on track and follow up with me making sure i get things done and send to her and they always keep me updated on everything, I am no longer facing such difficulties and i can stay in Canada. i would recommend Bellissiomo Law Group to all friends and Family. thank you again.
Omid Rezaee
Omid Rezaee
16:00 12 Aug 19
Bellissimo Law has been the greatest help we could have asked for our journey. Our case needed an appeal which was very well organized, documented and presented to the authorities. We received a positive decision on the case all because of the expertise of Mr. Bellissimo and team. Keely and John are great at responding all smart and stupid questions and the team is very prompt to answer emails. They have the entire process streamlined, right from extension to evidences which makes our job easier. We got the quotes from some of the other law firms too who are all good and had lower charges. We chose Bellisimo because they are the best and in the long term a few extra bucks won't matter but the results will. Highly recommended.
Vaibhav Chaturvedi
Vaibhav Chaturvedi
16:51 06 May 19
Bellissimo Law Group did a wonderful job. They helped me and my family obtain work permits in Canada. They were responsive, professional, and got the job done in a timely manner with no issues. I would absolutely work with them in the future.
Eric Blomster
Eric Blomster
11:58 30 Aug 19
Bellissimo Law Firm has great lawyers who have handled our immigration case. The staff was very professional. We are very happy with their service.We had to go through a tough ordeal because of misrepresentation earlier and our file was rejected. That is when we assigned this case to Mario Bellissimo. I would happily refer his law firm to any one whose in the same situation as ours or any immigration related matter.I would like to mention a special thanks to Tamara who was in touch with us and kept as posted. Mario had 100% confidence in our case that we will win which was very assuring for me and my family. And we finally got our permanent residency.God bless him and his firm.
mubina fatima
mubina fatima
18:35 15 Sep 19
Our family could not thank you Bellissimo Law Group enough for all their help on my brother's case. We are very thankful for their professionalism, effort and hard work. We truly appreciate for everything that the team has done for us. Especially Keely, I cannot thank her more for her patience, advice and explanation throughout the whole process. I know that this has been a tough and long battle for all of us and finally it is a dream come true. Words cannot describe how thankful and happy we are. To us, thank you is not enough to express our appreciation, I would call them the lifesaver for our family. Once again, thank you and we wish everyone all a continue success.
April Cheng
April Cheng
07:05 24 Sep 19
Great communication and appointment setup. Mr. Bellissimo was quite frank and candid and spoke openly and candidly. Gave me the right advice to wait till a certain stage to file my case.
Imran Butt
Imran Butt
01:53 01 Oct 19
I really appreciate Bellissimo Law group for helping me out especially in obtaining my postgraduate work permit. I was in an unfortunate situation where there was a chance of my application being rejected but I was able to obtain it in the end. I especially thank Michelle for helping me out throughout this whole process. It was not easy but she was able to respond to my questions and answer them in a very informative and prompt manner. I definitely recommend Bellissimo Law group.
JH C
JH C
20:23 17 Oct 19
Life changing experience. Simply brilliant! Kelly Anderson is very professional and friendly. Our son is special needs kid and with all Bellissimo Law Group support we got our PR only in 8 moths.
Madina N
Madina N
21:56 22 Oct 19
I totally recommend them for any issues, concerns or guidance you might need. Very reliable and to the point. I had Miss Alexandra as my immigration lawyer and I have only good things to say about her involvement in this long and stressful process. She knew perfectly how to approach, handle and solve any issues we encountered and with their help the outcome was a positive one.Thank you!
Ana-Maria Veinea
Ana-Maria Veinea
03:14 22 Nov 19
I want to say thank to Mario Bellissimo , Keely Anderson, Natalia Borkowska and all the entire team for a wonderful job they did. Me and my families case was really hard and there were some moments where we were close to being deported but Mario Bellissimo and his team fought really hard for my family and was able to help up stay in Canada to the point where we got the permanent residence. I would also like to recognize the fact that Keely Anderson was by my side through out the whole situation telling me every step to take. We truly recommend Bellissimo law firm, I believe they are the best law firm in Toronto and can be trust worthy for any situation.
B Navarro
B Navarro
00:59 09 Dec 19
I would like to thank Mr. Bellissimo, Ms. Keely Anderson, Mr. John Wigle and the rest of the team at Bellissimo Law group for helping me become a permanent resident in Canada. I had a complicated case that took quite a while to process and at times I thought it may not happen. Throughout it all Mr. Bellissimo and Ms. Anderson were very friendly, professional, helpful and honest and through their diligent work got me the result I had been hoping for. I would highly recommend them for any immigration needs. Simon Prigmore.
Simon Prigmore
Simon Prigmore
14:08 17 Dec 19
We would like to thank Bellissimo Law Group especially Mr. Mario Bellissimo, Ms. Keely Anderson and Mr. John Wigle for assisting us to obtain a Permanent Resident status in Canada. We truly appreciate everything that all of you have done for our complicated case. Once again, thank you for your professionalism and hard-work during this past year. It has been a long and though journey for us, but finally our dream has come true.
Eve C
Eve C
15:39 09 Jan 20
Had the pleasure of a call with one of their lawyers. They did their research prior and provided in depth feedback. Chy was great, she was on time, actually earlier. She answered all my questions, offered various options for my case, kept probing for different avenues. A five star rating from my interaction and stellar performance from Chy (Hope I got the spelling right)
Robin Maharaj
Robin Maharaj
00:14 10 Jan 20
We had an excellent meeting with both Michelle and Mario, where we were treated with respect and they did their very best to help us. Whilst the answer was not we were hoping for, it became clear that they would fight to get us the best result possible. To be highly recommended.
John Smurthwaite
John Smurthwaite
00:40 30 Jan 20
Our family could not thank you Bellissimo Law Group enough for all their help on my cousin Cong's case. We are very thankful for their professionalism, effort and hard work. Especially Ms. Alexandra, we cannot thank her more for her patience, advice and explanation throughout the whole process. Once again, thank you and we wish everyone here all a continue success.
Allen Y Du
Allen Y Du
03:52 05 Feb 20
I had a great consultation with Mr. Bellissimo. He was on time for the appointment and explained everything in detail. I was so impressed with his knowledge that I started my process right away.
Vik S
Vik S
16:29 11 Mar 20
The BLG team provided an excellent service. Many thanks for the professional advice given and the detailed way in which my case was handled. I would especially like to thank attorney Alexandra Goncharova, for her patience and thoroughness in working through my case. I would highly recommend this firm.
Kenroy_B
Kenroy_B
18:28 14 Mar 20
Very helpful. Only at the beginning of our process of Spousal Sponsorship but they have been very helpful and supportive so far!
Roseanne Fox
Roseanne Fox
17:15 27 Apr 20
I would like to thanks Bellissimo Law Group and all the staff worked on my case. Their professionalism and dedication helped me to get a provincial nomination. Within a short time,  their legal staff followed with me closely to collect all details and information to build my case. Thank you again for making my dream comes true.
A. Ahmed
A. Ahmed
15:10 25 May 20
I have contacted with them regarding our visa application and they responded my queries immediately. They allow me a short conversation without paying them anything and thereafter they gave me 30 minutes time by a consultation fees. The lawyer i spoke to seems professional , informative and very friendly.
Mohammad Masud Parvez
Mohammad Masud Parvez
14:55 10 Jun 20
I am based in India and consulted them for my complex immigration issue telephonically.Right from fixing the appointment to imparting advice was done very professionally. I was extremely satisfied with the answers to my queries and appreciated their suggestions and esteemed advice. Throughout the conversation I did not feel that they were rushing through and they very patiently adressed my queries and doubts. I would strongly recommend Bellissimo Law Group.
Rajendra Durve
Rajendra Durve
00:50 11 Jun 20
The most professional Immigration law group . Sponsoring my parents was my dream since I landed here in 2012. I would like to take this opportunity to thank each and everyone in this firm , especially Viola , who was taking care of my file , without her I don't think I would have got the visa for my mother and my dependent brother with Down syndrome. I am forever thankful and grateful to her and for Bellissimo law group , they are professional, well equipped to take care of any case. I highly recommend it to anyone looking to start an immigration process.Bellissimo Law Group made my dream come true.Thank you again and best regards! Souad B.
Souad Batrawi
Souad Batrawi
23:55 15 Jul 20
Great service and successfully guided us through the immigration and citizenship processes. Terrific attention to detail, and created a terrific case for our application, which was successfully approved. Attached is a picture with the judge. A wonderful day. So proud to be a Canadian!
Carlos Berber
Carlos Berber
01:01 27 May 19
Excellent service, professionalism and attention to detail. Having used BLG's services in the past, I decided to avail their service again, this time for my permanent residence application.They are very well equipped with a great team who have a wealth of knowledge. A special thanks to Ms. Goncharova who worked very hard on my case and I was successfully able to obtain my PR.Thank you and God bless
E a
E a
20:53 17 Jul 20
Incredibly impressed with the attention to detail, from the initial call to begin the process until the consultation, it was top caliber service. Very knowledgeable and courteous staff and the consultant was patient and attentive to make sure I understood everything. I learned so much in a short period. If you need help with immigration, this is the firm to call, don't fall for the gimmicky firms that just try to get you through the door.Thank you Bellissimo Law group
Vince Daniele
Vince Daniele
21:32 21 Jul 20
Was able to give creditable and professional advise. Very patient and I consider the best resource for all questions concerning immigration. Very responsive, as well. Highly recommend!
This Is
This Is
17:29 22 Jul 20
Ms. Alexandra was great. She is caring, pays genuine heed to your problems and strives at coming up with solution. I've also been helped by Ms. Simran and I must appreciate the service I've received from her.
Raqib Mahmud
Raqib Mahmud
22:05 21 Aug 20
They did the best 👌!!thanks one more time to all team at Bellissimo law group!!
Delfim Marques
Delfim Marques
18:59 27 Aug 20
It has been a very long battle, right from the beginning, our agent, Attorney David Cohen, knowing that two of our dependants have some physical challenges which may pose concern of inadmissibility, introduced us to BLG. We were systematicaly guided to provide prove of our plans and financial capability to sustain us in Canada. At every appropriate stage we were introduced to different personnel within the law firm to handle specific issue. To the glory of God, our application was successful when IRCC gave us a second chance.
Adenike Olufunke Aribaba
Adenike Olufunke Aribaba
20:27 28 Mar 19