September 14, 2016
Finding of Medical Inadmissibility Overturned on Appeal
This parental sponsorship had been refused based on a finding that the sponsor’s mother had a heart condition which would cause an excessive demand on Canadian health services. The sponsor retained our office to appeal this decision. In preparing for the appeal, we worked closely with the sponsor and medical professionals to both contest the Medical Officer’s diagnosis and to challenge the legal basis of the finding. Extensive medical evidence was filed and the sponsor was prepared to provide oral testimony at her hearing. After providing detailed legal submissions, the Member at the Immigration Appeal Division agreed that the decision was legally incorrect. The appeal was allowed and the application was returned to the Visa Office for final processing. We are delighted that this mother and daughter will soon be reunited in Canada after a long wait.