There is, for example, a wide range of refusal categories that fall under the banner of health.
Disease, disorder, disability or any health impairment that could result, in the opinion of at least two doctors, in the conclusion that the individual would likely be a danger to public health or public safety or that their admission might reasonably be expected to cause excessive demands on Canada`s health or social services, could lead to a negative decision.
Thorough medical exams are taken by all applicants and are valid for a one-year period for foreign visa posts.
In the event that a dependent or the principal applicant fails his/her medical examination, the whole application will fail.
As a first step in the appeal process, the applicant or dependent must complete an Access to Information request form and a Consent to Disclose Information form, requesting copies of the entire medical file.
Further, the individual who is being denied admissibility based on medical reasons should undergo a new medical examination whereby copies should be forwarded to the appeal officers with a request to have the medical services department review the new medical reports.
This often results in the medical services department providing the immigration appeal officers with a current profile of the applicant thereby the appeal, in certain cases can be granted in chambers without the need for providing the evidence on humanitarian and compassionate grounds.
In case of mental retardation humanitarian and compassionate grounds must be put forward.
It is important that the family demonstrate, with psychologists, a plan to be undertaken to care for the handicapped person in order to clearly demonstrate that the applicant will not be a burden to Canadian social services.
In cases of mental retardation, it must be clearly shown that the families have a strong desire to care for the child and will attempt to train the individual with private funds.
Information concerning familie's cultural values that clearly demonstrates their absolute opposition to placing the child in a hospital or handicapped home setting which would be costly to Canadian society, should be brought forward.
These cases are most difficult in that the burden of proof lies with the applicants.
They must show that there are obvious compassionate and humanitarian grounds that should lead the appeal officers to grand admission to the applicants.
In the event that the initial medical assessment of the two doctors is not overturned by subsequent medical examinations, it is only the equitable jurisdictions of the appeal board that could consider the admissibility of the applicant.
Although undoubtedly difficult, a properly prepared appeal can prove successful.
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