Recognizing, dealing and overcoming medical inadmissibility

Seminar ID
Date and time
Thursday, November 16, 2017 at 09:00 EDT   see it in calendar
Cheryl Robinson
Cheryl Robinson
presenter's bio
  • in person
  • webinar
  • recording
  • in English

Recognizing, dealing and overcoming medical inadmissibility

1.      General Overview:

·         Discussion of inadmissibility as defined s. 38 of the IRPA

·         Meaning of “excessive demand” and what services are considered by IRCC

·         How IRCC measures “excessive demand”

o   Financial parameters

o   Time frame

·         How to prepare an application when medical inadmissibility is present at the outset vs. medical inadmissibility that arises during the processing

·         Discuss of guiding principles from case law


2.      Responding to a Procedural fairness letter

·         Content of  procedural fairness and when to request more information

·         Who is the decision-maker?

o   Chain of decision making and involvement of IRCC medical branch

·         Challenging the medical diagnosis

o   Discussion of what documents to collect

o   What to do when medical professionals won’t provide supporting letters?

·         Challenging the “excessive demand” determination:

o   Difference between health and social services in responding to PF letter

o   Importance of considering province of settlement

o   Development of plan to overcome “excessive demand”

o   Collection of documents to support genuineness and functionality of plan

o   Medications – brand name vs. generics

·         Request for humanitarian & compassionate considerations

o   Identification of relevant factors

o   Collection of relevant documentation

·         Ethical issues for discussion:

o   Is there a duty to disclose negative or unfavourable medical reports?

o   requesting amendments to reports or documents

o   what to do if you suspect that the documentation collected is not genuine?

o   change to drug regimens to reduce potential excessive demand

·         Discussion of relevant case law



3.      Medical inadmissibility at the Immigration Appeal Division

·         Challenging legal validity of medical inadmissibility determination

·         Use of new evidence in challenge

·         Use of expert evidence and witnesses

·         Application of change of circumstances or resolution of underlying medical condition

·         Discussion of relevant case law : IAD vs. first instance decision making

·         Ethical issues to discuss:

o   When is it appropriate to concede the medical inadmissibility determination?

o   Obligation to advise appellant and applicant as to merits of case

o   Conflict of interest – what to do when it becomes apparent that one of the parties to the appeal do not want to continue appeal – but other one does?


4.      Case studies at the PF letter stage and IAD appeal:

·         Global developmental delay in a minor

·         Physical disabilities

·         Blindness

·         Breast cancer

·         Kidney failure

·         HIV / AIDS

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Please note that speakers and topics were confirmed at the time of publishing; however, circumstances beyond the control of the organizers may necessitate substitutions, alterations or cancellations of the speakers and/or topics. IMEDA reserves the right to alter or to modify the advertised speakers and /or topics, if necessary. Any schedule substitutions or alterations will be updated on the IMEDA website as soon as possible and all registrants will be notified by e-mail.