Medical inadmissibility Rules
In Canada, medical inadmissibility rules are part of the immigration regulations and apply to individuals who are seeking to enter or remain in the country on a temporary or permanent basis regardless of the nature of their stay. These rules aim to ensure the protection of all Canadians and Canada’s healthcare system.
Under the current rules, individuals can be deemed medically inadmissible if they have a medical condition that is likely to:
- cause excessive demand on Canada’s healthcare or social services systems
- pose a danger to public health
- pose a danger to public health or safety
Inadmissibility due to cause excessive demand on healthcare or social services
An individual can be deemed medically inadmissible if they have a medical condition that is likely to cause excessive demand on Canada’s healthcare or social services systems. The determination of excessive demand is based on a formula that takes into account the cost of treating the condition over a five-year period and compares it to the average Canadian per capita health services and social services costs over the same period. If the projected costs are more than three times the average, the individual may be deemed medically inadmissible.
This rule applies to both temporary and permanent residents and is designed to ensure that newcomers do not impose a burden on Canada’s healthcare or social services systems. It is intended to protect the sustainability of these systems and to ensure that resources are available to all Canadians.
The condition is considered to cause an excessive demand if:
- the health or social services needed to treat your health condition would negatively affect wait times for services in Canada, or
- the services needed to treat and manage your health condition would likely cost more than the excessive demand cost threshold
Excessive demand cost threshold
This is an amount that is used to decide if the cost of applicant’s condition places an excessive demand on Canada’s health and social services.
The cost threshold amount is three times the Canadian average cost for health and social services and it currently sits at $120,285 over 5 years (or $24,057 per year) This amount is updated this amount every year, based on the latest Canadian average.
Exceptions
Medical inadmissibility rules for excessive demand reasons don’t apply to:
refugees and their dependants
protected persons
certain people being sponsored by their family, such as dependant children, spouses and common-law partners.
It’s worth noting that the medical inadmissibility rules related to excessive demand have been controversial and have faced criticism from advocacy groups and individuals who have been denied entry or faced challenges due to their medical conditions. Some have argued that the rules are discriminatory and violate human rights, particularly in cases where families have been separated or individuals have been denied entry based on their medical condition. As a result, there have been calls to reform or abolish the rules.
Inadmissibility due to danger to public health
An individual can be deemed medically inadmissible due to danger to public health if he or she has a medical condition that could pose a significant risk to the health and safety of Canadians. The determination of danger to public health is made on a case-by-case basis and considers a range of factors, including the nature and severity of the medical condition, the likelihood and potential consequences of transmission of the condition, and the availability and effectiveness of treatment and prevention measures.
Examples of medical conditions that may be considered a danger to public health include infectious diseases uch as active tuberculosis or active syphilis, or whether you’ve been in close contact with others with an infectious disease, and the consideration of how the applicant’s disease could affect other people living in Canda. The determination of danger to public health is maade based on the results of the immigration medical exam conducted by an IRCC aurhorized panel physician.
Individuals who are deemed medically inadmissible due to danger to public health may be denied entry to Canada or may be required to undergo medical surveillance, treatment, or other measures to mitigate the risk of transmission or harm to the public. The decision to deny entry or impose restrictions is made on a case-by-case basis and takes into account the individual’s personal circumstances and the potential impact on public health and safety.
It’s important to note that the medical inadmissibility rules related to danger to public health are intended to protect the health and safety of Canadians, but they can also have significant impacts on individuals and families who are affected by these rules.
Inadmissibility due to danger to public safety
An individual can be deemed medically inadmissible due to danger to public safety if the Ministry believes that the applicant has a health condition that could endanger public safety. Two main risk categories will be taken into consideration:
sudden incapacity (loss of physical and mental abilities)
a health conditions that could lead to unpredictable or violent behaviour
The decision whether the applicant will be deemed medically inadmissibility due to danger to public safety is based on the results of applicant’s immigration medical exam conducted by an IRCC aurhorized panel physician.
What to do if you are receive a letter notifying you that you are medicaly inadmissibile to Canada?
If you are determined to be medically inadmissible, you will receive a Procedural Fairness Letter explaining the reason why. You’ll receive this letter before a final decision is made on your application. The procedural fairness letter outlines the reasons for the proposed decision or action and the evidence or information that has been considered. It also informs the you of your rights to be heard, to provide evidence or submissions, and to have an opportunity to respond to any concerns or issues that have been raised.
The letter is intended to ensure that the individual is aware of the decision or action being considered and has a fair opportunity to provide their perspective and any relevant information before a final decision is made. This is an important aspect of the principles of natural justice and procedural fairness, which require that administrative decisions be made in a fair and transparent manner and that individuals have the right to be heard and to respond to concerns that may impact their rights or interests.
If an you receive a procedural fairness letter, it is important to carefully review the contents and to seek legal advice if necessary to ensure that your rights and interests are protected.
IRCC will give the medically inadmissible applicants 90 days to respond with additional information before a final decision is made on the application. Additionally, there are appeal mechanisms in place for individuals who are deemed medically inadmissible and who wish to challenge the decision and the best is to contact an immigration lawyer to seek the guidance during the appeal process.