bigleafbride said:
Hi, I am posting this on behalf of a friend whom husband was found medically inadmissible. (excessive demand)
If the application has already been refused, the only option is to file a legal challenge in Federal Court. This must be done within 60 days of receiving the decision, generally.
If the applicant has received a
fairness letter then the preliminary determination may be challenged, but will depend very much on the specific of the case.
bigleafbride said:
What supporting documentations do we need to provide to overturn the case? What specific medical records should we get from his physician? Also, how can we request a copy of the medical record from CIC?
You may request the medical officer's notes via the CIC ATIP process.
What you need to rebut is very much dependent upon where they are in the process and what the medical condition is. Remember, this is about
costs so there are really only a few effective lines of attack: (1) the applicant does not have the medical condition; (2) the medical officer's estimate of costs is incorrect.
bigleafbride said:
I also would like to know if you guys know a lawyer specializing on medical inadmissibility in Toronto.
I know of two: Michael Battista (www.jordanbattista.com) and Mario Bellissimo (www.bellissimolawgroup.com). Both are based in Toronto, and both have track records of winning medical inadmissibility cases in court (and figure maybe one in 50 excessive demand cases ends up in court - if that many - so that means they have a good record of getting people through the process BEFORE the court is necessary).