Please need an advise

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Old Jun 11th 2001, 3:44 am
  #1  
arvinder kaur
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Hello everyone. I'm new in this NG. I need some help.

I have applied for my parents Canadian immigration Visa under Family class.

Their interview was waived but their case has recently been forwarded to Canada for
second medical opinion. My father is 72 year old and mother is 69 year old. My father
walks with the help of stick. About 10 years back he fell down his left hip bone was
slightly pressed. But for last 10 years he is OK and has never been operated in his
life. Because of old age he walks slowly with stick and can climb stairs with some
difficulty. My mother has slightly high blood pressure due to hypertension but her
heart (echo) medical report is absolutely OK. We have taken opinion of independent
specialist doctors and in their medical opinion both of them don't need any medical
operation and not burden to a health system.

What I am able to get information for medical requirement for Canadian immigrant Visa
is that one should not be burden on Canadian Health system. This is a not a very
specific statement and what I understand with this is that one's illness should not
require frequent visit to doctor. This is not the case for my parents.

I would very much appreciate if someone could tell their past experience or could
awnser any of the following question:-

Can they be refused Visa on the medical ground?

What specifically medical requirements (in medical terms) are for Canadian Immigrant
Visa under family class?

What happens in case of medical second opinion from Canada office? Is it an
indication that Visa is going to be refused?

Estimate of time generally taken by Canadian office to send their medical opinion?

Any information is highly appreciated.

Thanks in advance.

Arvinder
 
Old Jun 11th 2001, 1:50 pm
  #2  
shankar
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[QUOTE]Originally posted by arvinder kaur
[B]Hello everyone. I'm new in this NG. I need some help.

I have applied for my parents Canadian immigration Visa under Family class.

Their interview was waived but their case has recently been forwarded to Canada for
second medical opinion. My father is 72 year old and mother is 69 year old. My father
walks with the help of stick. About 10 years back he fell down his left hip bone was
slightly pressed. But for last 10 years he is OK and has never been operated in his
life. Because of old age he walks slowly with stick and can climb stairs with some
difficulty. My mother has slightly high blood pressure due to hypertension but her
heart (echo) medical report is absolutely OK. We have taken opinion of independent
specialist doctors and in their medical opinion both of them don't need any medical
operation and not burden to a health system.

What I am able to get information for medical requirement for Canadian immigrant Visa
is that one should not be burden on Canadian Health system. This is a not a very
specific statement and what I understand with this is that one's illness should not
require frequent visit to doctor. This is not the case for my parents.

I would very much appreciate if someone could tell their past experience or could
awnser any of the following question:-

Can they be refused Visa on the medical ground?

What specifically medical requirements (in medical terms) are for Canadian Immigrant
Visa under family class?

What happens in case of medical second opinion from Canada office? Is it an
indication that Visa is going to be refused?

Estimate of time generally taken by Canadian office to send their medical opinion?

Any information is highly appreciated.

Thanks in advance.

Arvinder

Looks like your luck is out. The authorities have obviously looked at your parents medical histories and, although they do not appear to be a burden as yet, may well do so in the future, bearing in mind their ages etc. That is the fact about the Canadian immigration procedure, I'm afraid. They just cannot keep taking on people who are not going to contribute in any way, shape or form to the building-up of the economy. This is not aimed at your particular case, by the way, so please do not take offence, but on the whole, the large number of immigrants coming to canada lately do not really have much to give to the country as a whole (here I am thinking of refugees, unskilled, etc). In your case, you may have the right to appeal.

 
Old Jul 16th 2001, 7:46 pm
  #3  
WebImmigration.Com
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Posts: n/a
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Hi:

The Immigration Act, and its Regulations provides that an immigrant is inadmissible
to Canada where the immigrant or the immigrant's dependent is suffering from any
disease, disorder or other health impairment as a result of the nature, severity or
probable duration of which, in the opinion of a medical officer (and concurred by at
least one other medical officer):

1. they are likely to be a danger to public health or to public safety, or
2. their admission would cause or might reasonably be expected to cause excessive
demands on health or social services.

The medical officers opinion forms the basis of the visa officer's refusal on medical
grounds. However, the ultimate decision in approving or refusing an application for
permanent residency is the responsibility of the visa officer.

The visa officer has an administrative duty to act fairly, to apply the law as
interpreted by the courts and to insure that the medical opinion is reasonable.

Visa officers are required to give applicants an opportunity to disabuse the visa
officers concerns with respect to medical admissibility. See Ismaili
v. Canada [Minister of Citizenship & Immigration) (1995), 29 Imm.L.R.(2d)1].

If the visa officer intends to refuse an applicant on medical grounds, the applicant
should be notified in writing that the applicant has 60 days to submit new medical
information to the Designated Medical Practitioner who in turn is requested to
forward it with any comments to the medical officer. The medical officer will either:

1. confirm the original medical profile,
2. provide a different medical profile indicating that the applicant is not
inadmissible, or
3. require a new medical examination.

Visa officers have the overriding discretion to recommend that an application
submitted by a medically inadmissible person, or his or her dependent be admitted to
Canada on humanitarian and compassionate grounds.

If discretion is exercised favourably, the medically inadmissible person would be
admitted under the authority of a Minister's Permit. Upon residing in Canada on the
basis of a Minister's Permit, the person could be landed: thereafter, if the medical
condition improves and the applicant is re-assessed by the medical officer
favourably; the applicant applies for landing after being in Canada continuously on
the strength of a Minister's Permit for five years.

Yours truly, Ingrid Y. Chen, B.A., LL.B.
_________________________
Webimmigration.com, Embrace Opportunity 225-141 Bannatyne Avenue Winnipeg, Manitoba
Canada R3B 0R3 Tel: 1-204-943-3303 Fax: 1-204-943-2625 Email: [email protected]
Visit our website at http://www.webimmigration.com

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