January 17, 2018

Successful PR After Medical Inadmissibility Finding

We were recently successful in assisting our client’s family in receiving permanent residence, following an initial medical inadmissibility finding for a medical condition of Cerebral Palsy for a dependent. Had the dependent been found to be medically inadmissible the entire family would be inadmissible.

The dependent was initially determined to require social services that were expected to result in an excessive demand and they were refused. We challenged the refusal to the Federal Court of Canada and negotiated a settlement to have the refusal set aside and the matter sent back for reconsideration. We then assisted in advocating for the family on the appropriate medical classification of the condition and provided accurate prognostic findings. In doing so we were able to accurately advance what medical and social services would be required in the intended province in Canada, which was under the threshold. Following extensive research and a comprehensive mitigation Plan, presented together with specialized legal submissions, the medical admissibility finding was overturned without having to resort to further litigation, and the family recently arrived in Canada.