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Got Procedural Fairness letter regarding A38(1) medical issue, need some advice

b1b1b1

Full Member
Jan 18, 2011
42
0
Hi there,

This is regarding my parents immigration applications. My father was diagnosed of TB during the medical exam. Then, he went through about a year of treatment, and recent test all showed negative. After all the results were submitted, we got the Procedural Fairness letter regarding A38(1). The main reason is that my father was resistant on 2 drugs. Although the results are negative now, they thought there might still be a high risk of reactivation. Then, we were asked to provide more support information, before the decision is final.

I did some quick check online, seem this is the end? Isn't it? Basically, this is like a reject letter? I am seeking advice on any possible ways to at least try to reason with them.

Also, my father's visitor's VISA is about to expire, is he ever able to get a visitor's VISA in the near future? (if the immigration application is rejected eventually?)

One more related question. If my father's immigration application is rejected, what about my mother? She passed the medical exam with no issue? Does it mean that my mother will also be rejected (they are on the same application, and my father is the main applicant)?

In summary, it's been more than 9 years from the day I applied for sponsorship, I really wish there is any hope that we could get pass this issue. Any advice is much appreciated.

Thanks and regards.
 

canuck78

VIP Member
Jun 18, 2017
53,062
12,799
Unfortunately it seems like your father's drug resistant TB has been determined a risk to public health in Canada. /I would contact a good lawyer to fight this but /I am not sure if he can overcome the diagnosis. Your mother wouldn't be able to get PR through PGP without your father. She could qualify for a TRV or supervisa on he own.
 

b1b1b1

Full Member
Jan 18, 2011
42
0
Thanks. So, basically, my father will not be able to get into Canada? not even a visitor's visa?
 

b1b1b1

Full Member
Jan 18, 2011
42
0
Unfortunately it seems like your father's drug resistant TB has been determined a risk to public health in Canada. /I would contact a good lawyer to fight this but /I am not sure if he can overcome the diagnosis. Your mother wouldn't be able to get PR through PGP without your father. She could qualify for a TRV or supervisa on he own.
Thanks. So, basically, my father will not be able to get into Canada? not even a visitor's visa?
 

nilnitesh

Star Member
Apr 24, 2014
196
25
Hi there,

This is regarding my parents immigration applications. My father was diagnosed of TB during the medical exam. Then, he went through about a year of treatment, and recent test all showed negative. After all the results were submitted, we got the Procedural Fairness letter regarding A38(1). The main reason is that my father was resistant on 2 drugs. Although the results are negative now, they thought there might still be a high risk of reactivation. Then, we were asked to provide more support information, before the decision is final.

I did some quick check online, seem this is the end? Isn't it? Basically, this is like a reject letter? I am seeking advice on any possible ways to at least try to reason with them.

Also, my father's visitor's VISA is about to expire, is he ever able to get a visitor's VISA in the near future? (if the immigration application is rejected eventually?)

One more related question. If my father's immigration application is rejected, what about my mother? She passed the medical exam with no issue? Does it mean that my mother will also be rejected (they are on the same application, and my father is the main applicant)?

In summary, it's been more than 9 years from the day I applied for sponsorship, I really wish there is any hope that we could get pass this issue. Any advice is much appreciated.

Thanks and regards.
Hello, from your other posts, it seems your father was able to get the PR eventually. Could you please share what was your father experience while taking the medication (any side effects etc.) and how did you reply to the fairness letter? Thanks in advance.