Date and time
Thursday, November 9, 2017 at 09:00 EDT see it in calendar
- in English
LSBC 6 CPD hours
LSO 0.5 Professionalism
CICC 6 CPD hours
Hart House, University of Toronto7 Hart House Circle
Parking: $ 15 per day. Credit card or coins. Pay at the pay machine. Short walk from TTC.
Recognizing, dealing with 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.
4. Case studies at the PF letter stage and IAD appeal
• Global developmental delay in a minor
• Physical disabilities
• Breast cancer
• Kidney failure
• HIV / AIDS
Costregular fee - $ 180.00
No CPD -
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.