Recognizing, dealing with and overcoming medical inadmissibility

Seminar ID
Date and time
Thursday, November 9, 2017 at 04:00 EDT   see it in calendar
Cheryl Robinson
Cheryl Robinson
presenter's bio
  • recording
  • in English
CPD hours
CICC (ICCRC) 6 CPD hours - Validity of the recording expired on: 07.02.2018
LSUC 0.5 Professionalism hours - Validity of the recording expired on: 08.11.2021 , 5.5 Substantive hours
LSBC 6 CPD hours - Validity of the recording expired on: 08.11.2021

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
     •  Blindness
     •  Breast cancer
     •  Kidney failure
     •  HIV / AIDS

Hart House, University of Toronto
7 Hart House Circle
M5S 3H3

Capacity: 50

Parking: $ 15 per day. Credit card or coins. Pay at the pay machine. Short walk from TTC.
6 hours
No CPD - Free
100% discount
  • These video recordings are offered free-of-charge for their educational value. They are not eligible for CPD hours by any regulatory body.


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