A tenured York University professor from Costa Rica is garnering media attention after his pending immigration application risks being refused when immigration authorities concluded the family's son who has Down's Syndrome, poses too much of a burden on taxpayers. The professor, Felipe Montoya, applied for permanent residency with his family including his wife and two teenage children after having lived in Canada for three years. He called the ruling against his 13-year-old son medieval and barbaric. Montoya has until early May to answer a "procedural fairness letter" issued by the government which must establish to the satisfaction of the assessing officer that either the family member is not inadmissible to Canada, or that they have an individualized plan to demonstrate that no excessive demand will be imposed on Canadian social services due to the medical inadmissibility.
The Immigration and Refugee Protection Act states "a foreign national is inadmissible on health grounds if their health condition might reasonably be expected to cause excessive demand on health or social services."
Canada's long standing medical inadmissibility rules prevent sick and disabled people with serious illnesses, from settling here and are strictly enforced. The rules require Immigration officials to first evaluate whether the medical finding of a designated medical doctor that the health care requirements of an applicant with a serious illness, is reasonable. Second, an assessment is made on the cost of treatment of the affected person that it will likely cost Canada's health-care system and other social services. If the anticipated cost exceeds the average Canadian per capita health and social services costs each year, (about $6,500 each), the applicant is then given a chance to provide a "credible plan" and explain how that individual will offset the costs to Canada's health-care system, if admitted to Canada. In addition to the anticipated health and social costs, consideration must also be given to the future prognosis of the medical condition and its impact on waiting lists.
It helps if the applicant has a high net worth and a large extended family already living in Canada that will likely help out. Once a decision is rendered, a negative decision can be challenged in Federal Court a process which can take about 2 years to conclude. Unfortunately, those suffering from certain high cost illnesses, such as advanced diabetes or Down's syndrome, face low chances of approval. Applicants with family members having serious medical conditions need to be aware of the long and often insurmountable obstacles they face before immigrating to Canada.
The rules in this area have been developed by Ottawa as a result of many years of court challenges culminating in decisions rendered by the Supreme Court of Canada which have tempered previous immigration policy.
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The content of this article reflects the personal insight of Attorney Colin Singer and needs no disclaimer
