March 10, 2023

Medical Inadmissibility Successfully Challenged despite Prognosis for Dialysis

We assisted a family last year on a medical admissibility matter. IRCC had identified their concerns in a Procedural Fairness Letter that the treatment the applicant was anticipated to require would place an excessive demand on Canada’s free health resources. In this particular case, the individual’s circumstances did in fact involve a long-term prognosis for renal replacement therapy (dialysis), determined to be inevitable in the coming years. As such, we got to work on preparing and presenting a reasonable and credible plan for care in Canada, demonstrating the family’s intent and ability to follow the plan, relying on the leading case we had worked on many years ago, Hilewitz, which determined what matters is not whether the individual will actually use the services, but, rather, whether the medical condition makes it likely he will require or use them. The plan considered the applicant’s medical as well as non-medical factors, identified and priced out the health services that would be used in the province of settlement, and the choice for conservative management for palliative care. The response to the Procedural Fairness Letter also included detailed H&C considerations.

We were extremely pleased when the applicant and his family recently learned that he was determined to be medically admissible – another success!