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Banned from Canada. Expert opinion please

Banned from Canada. Expert opinion please

Old Apr 18th 2008, 7:10 pm
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Default Banned from Canada. Expert opinion please

Hi

Some of you may recall that our daughter (now aged 16) was failed on her medical because she was on a course of growth hormone to improve her height. This therapy is due to finish next month. CIC then decided to ban her from entering Canada, even for holidays. This ban was then made lifelong, for some inexplicable reason only known to CIC!

The question is; In later life when she is married and has changed her name are the immigration authorities likely to pick up on this at the airport?

To be honest I do not think she would ever want to go to Canada again as a matter of principle, but we would like to know, just in case she did want to visit her aunt, uncle and cousins in a few years time
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Old Apr 18th 2008, 7:22 pm
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Default Re: Banned from Canada. Expert opinion please

Medical inadmissibility due to excessive demand shouldn't result in life ban from Canada at all, only medical inadmissibility due to condition that presents danger to Canadians and their health may trigger a ban.

As a matter of principle you should have taken CIC to the Federal Court, as her Canadian ban may affect later admissions to other countries as well. Matter should be cleared.
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Old Apr 18th 2008, 7:29 pm
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Default Re: Banned from Canada. Expert opinion please

Originally Posted by Andrew Miller
Medical inadmissibility due to excessive demand shouldn't result in life ban from Canada at all, only medical inadmissibility due to condition that presents danger to Canadians and their health may trigger a ban.

As a matter of principle you should have taken CIC to the Federal Court, as her Canadian ban may affect later admissions to other countries as well. Matter should be cleared.
Thanks Andrew

The last communication from CIC said the ban was life long. Whether they will lift that ban in the future was not made clear and despite several letters asking then to clarify the situation my questions remained unanswered.

We were going to take my daughter to Florida later this year. Does what you are telling me mean she may be banned from the USA too!!!

How do I go about getting this cleared up Andrew, without great expense, as we have already wasted thousands on the failed immigration process
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Old Apr 18th 2008, 8:09 pm
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Default Re: Banned from Canada. Expert opinion please

US and Canadian immigration (and criminal) databases are interconnected, thus (although not necessarily) Canadian ban may affect admission to US now. And possibly later to other countries once more start sharing access with Canadians.

There is no easy and inexpensive way short of going to court to deal with it if CIC is not responding. Of course you may keep demanding clarification and explanation (but remember to cc every correspondence, mail or email, to The Minister) and your relatives in Canada should seek help from their MP's - the bigger hummer you use the better chance for resolution you have. If nothing works then federal Court is only option.
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Old Apr 18th 2008, 8:22 pm
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Default Re: Banned from Canada. Expert opinion please

Originally Posted by Andrew Miller
US and Canadian immigration (and criminal) databases are interconnected, thus (although not necessarily) Canadian ban may affect admission to US now. And possibly later to other countries once more start sharing access with Canadians.

There is no easy and inexpensive way short of going to court to deal with it if CIC is not responding. Of course you may keep demanding clarification and explanation (but remember to cc every correspondence, mail or email, to The Minister) and your relatives in Canada should seek help from their MP's - the bigger hummer you use the better chance for resolution you have. If nothing works then federal Court is only option.
Thanks Andrew.

We will have to keep having a go at CIC until they respond. We have involved our local MP, her aunt's MP in Brantford and we even tried to raise the matter with the Canadian Prime Minister via "Judy from Calgary" off this forum (her local MP)

We have got a final appointment with our daughter's Consultant next month and I am going to ask him to write to CIC confirming that all her treatment is now completed. Maybe that will have some positive effect, but we are not counting on it with CIC

Thanks for you advice

Graham & Pauline
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Old Apr 18th 2008, 9:02 pm
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Default Re: Banned from Canada. Expert opinion please

Originally Posted by Gray C
Thanks Andrew.

We will have to keep having a go at CIC until they respond. We have involved our local MP, her aunt's MP in Brantford and we even tried to raise the matter with the Canadian Prime Minister via "Judy from Calgary" off this forum (her local MP)

We have got a final appointment with our daughter's Consultant next month and I am going to ask him to write to CIC confirming that all her treatment is now completed. Maybe that will have some positive effect, but we are not counting on it with CIC

Thanks for you advice

Graham & Pauline
hi,

Many of us here remember you and your problem. just wishing you good luck.

regs
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Old Apr 18th 2008, 9:27 pm
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Default Re: Banned from Canada. Expert opinion please

Originally Posted by Reghuraj
hi,

Many of us here remember you and your problem. just wishing you good luck.

regs

Many thanks
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Old Apr 19th 2008, 3:35 am
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Default Re: Banned from Canada. Expert opinion please

Did you ever apply for a tourist visa for your daughter?
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Old Apr 19th 2008, 4:39 am
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Default Re: Banned from Canada. Expert opinion please

Originally Posted by Andrew Miller
Medical inadmissibility due to excessive demand shouldn't result in life ban from Canada at all, only medical inadmissibility due to condition that presents danger to Canadians and their health may trigger a ban.

As a matter of principle you should have taken CIC to the Federal Court, as her Canadian ban may affect later admissions to other countries as well. Matter should be cleared.
Not everyone can afford to take that kind of court action.

It may be time for them to consider whether they should "name and shame" CIC in a more public forum than this. But I recall that was discussed on a previous thread too.
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Old Apr 19th 2008, 5:04 am
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Default Re: Banned from Canada. Expert opinion please

Hi

Originally Posted by JAJ
Not everyone can afford to take that kind of court action.

It may be time for them to consider whether they should "name and shame" CIC in a more public forum than this. But I recall that was discussed on a previous thread too.
IMHO their daughter should not be medically inadmissible as a visitor. What has happened is that CHC has got it's back up and just won't admit to their mistake. The daughter was probably inadmissible at the time of application, as she was still, I believe receiving her treatments, but I doubt very much if she was/is inadmissible as a visitor.
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Old Apr 19th 2008, 5:07 am
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Default Re: Banned from Canada. Expert opinion please

Originally Posted by PMM
but I doubt very much if she was/is inadmissible as a visitor.
That's what I was driving at - you surely need a refused tourist visa application before you can claim to be banned? Isn't it just a standard formality that all PR refusals on medical grounds need to apply for a visa for future visits to Canada?
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Old Apr 19th 2008, 5:09 am
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Default Re: Banned from Canada. Expert opinion please

Originally Posted by Biiiiink
That's what I was driving at - you surely need a refused tourist visa application before you can claim to be banned? Isn't it just a standard formality that all PR refusals on medical grounds need to apply for a visa for future visits to Canada?
I've not heard of that before. They do not force people refused PR visas to apply for tourist visas, unless the refusal was for a reason that would make them inadmissible.

And it's hard to see how a non-contagious health condition would do that, at least for tourist purposes.
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Old Apr 19th 2008, 6:49 am
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Default Re: Banned from Canada. Expert opinion please

Originally Posted by JAJ
I've not heard of that before. They do not force people refused PR visas to apply for tourist visas, unless the refusal was for a reason that would make them inadmissible.
I don't know the law, it's only an impression I'd picked up from this forum with regard to refusals on medical grounds. It could well be a wrong one.

From the last thread on this in May 2007, GrayC said they'd asked his daughter to have another medical and apply for a tourist visa. I still don't see how that means she's banned. As I said in that thread, having battled CIC myself I'm not at all unsympathetic, but you do need to get evidence of a refused visa application before you can say someone's not allowed entry to Canada.

Perhaps GrayC applied in the meantime, but he didn't say so in his opening post so I'm wondering what's changed in the interim?
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Old Apr 19th 2008, 6:51 am
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Default Re: Banned from Canada. Expert opinion please

Originally Posted by Biiiiink
As I said in that thread, having battled CIC myself I'm not at all unsympathetic, but you do need to get evidence of a refused visa application before you can say someone's not allowed entry to Canada.
I am assuming they have already been advised of the ban in writing when their PR application was refused.

If this is not the case it may be just the word of one official and hence meaningless.
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Old Apr 19th 2008, 7:25 pm
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Default Re: Banned from Canada. Expert opinion please

Originally Posted by JAJ
I am assuming they have already been advised of the ban in writing when their PR application was refused.

If this is not the case it may be just the word of one official and hence meaningless.
Hi

Their final letter clearly says it is a life long ban. However, to confuse things a little, they did say she could possibly visit for a two week holiday (and no more) last year as the original medical was still valid at that time (within one year of taking it), but we needed a letter from her aunt inviting her and the dates had to be specified well in advance to CHC. However, they then went on to say that the final decision to allow her entry would be made by the immigration officer in Toronto and it was possible he/she could turn her around at the gate and insist she goes straight back home. We were not prepared to take that risk.

I do not know where we go from here. Maybe another medical is the only way forward, but I do not know what that would achieve really. I am hoping that the letter her Consultant will write to CIC stating that her treatment is now completed (from mid May 08) will make them see sense and get them to lift the ban.

Then again we are talking about CHC London and all logic goes out of the window

Last edited by Gray C; Apr 19th 2008 at 7:41 pm. Reason: Addition
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