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August 17, 2022

This Week’s Success Story: Challenging Medical Inadmissibility

Posted by admin - Bellissimo Law Group PC

A family received a procedural fairness letter informing that their application would be refused for medical inadmissibility. We were hired and worked with the family through the final months of last year and into the current year to develop a Mitigation Plan to demonstrate that the individual’s acceptance under consideration for excessive demand in Canada would not create a demand that is excessive in Canada.

The Mitigation Plan focused on the applicant’s individualized circumstances, considering both the medical and non-medical factors. We submitted, with credible evidence as well as statistical analysis and research, that the progression of the applicant’s condition was not absolute, also highlighting the individual’s stability. We included a Plan for Care in Canada involving the consideration of both dialysis and a transplant, demonstrating that the applicant’s care would be under the threshold in the relevant 5-year period. Overall, we advocated that the applicant’s medical profile should be amended from “M5” to “M3”.

The response to the procedural fairness letter and Mitigation Plan was finalized and submitted to the IRCC for consideration earlier in the Spring of 2022, and in record time, the IRCC agreed, and the applicant’s medical profile was amended to “M3”, which made the individual medically admissible.