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How-To Guide on Navigating Section 38 of the Canadian Immigration and Refugee Protection Act: Medical Inadmissibility Rules
Navigating immigration laws can be a daunting task. Particularly, Section 38 of the Canadian Immigration and Refugee Protection Act, which pertains to medical inadmissibility, can be quite complex. This guide provides step-by-step instructions to help you successfully navigate through this section.
Step 1: Understand the Basis of Section 38
This section is centered around “excessive demand on health or social services”. Essentially, people are considered inadmissible to Canada if their health condition might cause an excessive demand on public health or social services.
Step 2: Familiarize Yourself with the Exceptions
Understand that refugees, their dependents, or family members are typically exempted from medical inadmissibility rules.
Step 3: Identify What Constitutes an ‘Excessive Demand’
This refers to potential demands on health services that may exceed the average Canadian per capita health services over a projected period of five years.
Step 4: Learn How Medical Examinations Work
All applications for permanent residency must undergo a medical exam. However, this exam can also be requested from temporary residents. The medical examination includes a physical examination, chest x-rays, and blood tests.
Step 5: Gather All Medical Records
Be prepared to provide comprehensive medical records, including previous diagnoses, treatments, and prognosis from your home country.
Step 6: Understand Possible Outcomes
Immigration officers will evaluate your medical condition, anticipated treatment costs and whether these would impact negatively on Canadian health or social services.
Step 7: Prepare for a Fairness Letter
If your application is likely to be refused due to medical admissibility, you will receive a procedural fairness letter. This allows you to respond and provide any additional evidence or arguments before final decision.
Step 8: Crafting Your Response
You must demonstrate that your demand is not excessive, or that you have a detailed payment plan, demonstrating your health condition will not be a burden on Canadian Health services.
Step 9: Explore the Humanitarian and Compassionate Grounds
If you believe that being denied entry to Canada would result in unusual and undeserved hardships, you may apply for an exception on Humanitarian and Compassionate grounds.
Step 10: Seek Legal Advice
Finally, this process can be quite intricate. It’s wise to seek advice from an immigration lawyer who specializes in medical inadmissibility. They can guide you and potentially increase your chances of success.
Remember that each case is unique, and outcomes can vary based on a host of factors. Therefore, it’s crucial to fully understand the process and rules and consider seeking expert advice when navigating Section 38 of the Canadian Immigration and Refugee Protection Act.