Medical Examination

[Busco]

Dear all,

I need your advice and prayers. Gone for medical examination but I got a mail from the immigration that additional information is required.

The doctor confirmed that I had Fatty Liver and I would still. Need to do series of test.
My fear is that with the present state of things and diagnosos, I hope I will not be disqualified?

 

[computergeek]

I need your advice and prayers. Gone for medical examination but I got a mail from the immigration that additional information is required.

The doctor confirmed that I had Fatty Liver and I would still. Need to do series of test.
My fear is that with the present state of things and diagnosis, I hope I will not be disqualified?

You don't mention the type of application, so I'm going to assume economic class.

FLD: http://www.webmd.com/hepatitis/fatty-liver-disease

You are far from being disqualified. The concern would relate to your potential demands on health care in Canada in the next 5 or 10 years. Thus, they would be looking at additional information to see what the potential complications are and what the possible costs of treatment would be in that time frame.

So the follow-up is going to be looking at the possibility you might require a liver transplant in that time frame. But FLD is a condition that one can treat with lifestyle changes, so this isn't a med cost issue (that's what I went through - med costs.) You may need to find your own doctor to examine you and form an opinion.

If CIC decides you might cause excessive demand, you will get a fairness letter. You have three options at that point:

• Ignore it - they refuse your application
• Challenge the medical opinion - your own doctor says you don't have FLD, or that it won't require the treatment they suggest it should
• Provide a mitigation plan - show how you can pay for it yourself (through insurance ideally) and thus won't be a burden on the health care system.

There are a couple of very good attorneys in dealing with this area and CIC has a difficult time with this issue. The case law says that they must perform an individualized assessment of your needs (Hilewitz) and that they must provide you with clear explanations of their rationale (Sapru).

But you aren't anywhere near being rejected. I've been through the fairness letter (and federal court) on this issue, so I can share more insight with you. CIC definitely struggles with medical inadmissibility.

 

[Busco]

Thanks so much for your response. i am a bit relieved. I applied as a Federal Skilled Worker. (FSW)

How do i get a Fairness letter?


The main issue is that it was my tribal mark that lead me into doing series of test. Initailly, i did an xray and i was told i need to do a scan which led to another abdominal scan coupled with series of blood test and liver test. I dont take alcohol so i was suprised when i was asked to provide additional information.

Though, i am yet to get the result of the blood tests and see the Liver specialist, i am just trusting God that it will be a minor thing which will not disqualify my application.

How do i get the attorneys you mentioned?
Please Respond.
Thank You.

 

[computergeek]

How do i get a Fairness letter?

Note that you won't receive a fairness letter unless they determine you are "probably" medically inadmissible. If they do, they will either mail it or e-mail it to you (mine was mailed, but that was in 2010).

How do i get the attorneys you mentioned?

I found the attorney I used by reviewing legal decisions about medical inadmissibility - there are several dozen such decisions. The controlling decision is Hilewitz and was decided by the Supreme Court of Canada.

It was argued (successfully) by Cecil L. Rotenberg (http://www.cecilrotenberg.org/) and his firm continues to engage in immigration practice. Indeed he also was co-counsel on the recent Sapru decision.

Mario Bellissimo was also co-counsel on Sapru, and is another excellent choice. (http://www.bellissimolawgroup.com/)

I ultimately chose to work with Michael Battista, because he was the best fit for my particular case. (http://jordanbattista.com/)

Christopher G. Veeman recently (2012) won a medical inadmissibility case (in SK - note that the others are all in Toronto). http://veemanlaw.com/

I'm sure there are others - but I know each of these have won medical inadmissibility cases, something that can only be said for a handful of immigration lawyers. I hope you don't need to get a lawyer, but if you do, make sure you get the best that you can for this specific area. CIC has a very poor track record in medical inadmissibility cases and CIC officers do not do a very good job. Were it not for my own attorney's efforts, I'm sure I would not now be landed.

 

[Busco]

Thank you for your response. I really appreciate and you have really made my day a blessed one with your responses.

I intend to land in Calgary but i promise to keep you posted.

Thanks a bunch

 

[toyeeen]

Hi all...am a Mum of a 7 year old Boy. He was born with a congenital absent Radius on the right hand with NO associated Thrombocytopenia. He had a surgery , when he was 1.5 yrs , basically to centralize the Ulnar and to have soft tissue release. The absent radius on the right hand has ultimately made him left handed and made the right hand shorter than the left hand. A medical report was issued from the orthopaedic surgeon that carried out the surgery n same was submitted during our Medicals. My question now is that can this affect our medicals,cos I have been so worried. Thanks all for Ur responses.

 

[Leon]

Hi all...am a Mum of a 7 year old Boy. He was born with a congenital absent Radius on the right hand with NO associated Thrombocytopenia. He had a surgery , when he was 1.5 yrs , basically to centralize the Ulnar and to have soft tissue release. The absent radius on the right hand has ultimately made him left handed and made the right hand shorter than the left hand. A medical report was issued from the orthopaedic surgeon that carried out the surgery n same was submitted during our Medicals. My question now is that can this affect our medicals,cos I have been so worried. Thanks all for Ur responses.

What is his future prognosis? Immigration uses the rule of thumb that if something doesn't cost them more than $5000 a year, it is not excessive demand on health care. Is he going to need excessive surgeries in the future? If not, then I don't see a reason to worry. Being left handed is certainly not a disability and although there may be jobs he can not do because of his hand when he is grown, I am sure there are also plenty of jobs he will not have a problem with.

 

[toyeeen]

Tanks so much, I feel some sort of relieve, actually after his last follow up visit at the hospital in 2008 july, we have not had any cause to visit the hospital for any treatment with rgds to the absent radius. He is coping really well , and he uses the right hand reasonably well inspite of the absent bone, and gains more Use of the hand with age.I do not see him going for further treatment or surgeries, except on his own free violation of course when he is of age. Thanks again , I guess I will nid more of prayers n plenty of Gods favour.

 

[computergeek]

Immigration uses the rule of thumb that if something doesn't cost them more than $5000 a year

Actually, the number is revised each December 1st, and the last number was $6,141 (http://www.cic.gc.ca/english/resources/manuals/bulletins/2011/ob373.asp).

 

[computergeek]

Hi all...am a Mum of a 7 year old Boy. He was born with a congenital absent Radius on the right hand with NO associated Thrombocytopenia. He had a surgery , when he was 1.5 yrs , basically to centralize the Ulnar and to have soft tissue release. The absent radius on the right hand has ultimately made him left handed and made the right hand shorter than the left hand. A medical report was issued from the orthopaedic surgeon that carried out the surgery n same was submitted during our Medicals. My question now is that can this affect our medicals,cos I have been so worried. Thanks all for Ur responses.

Adding onto what Leon said, and because medical inadmissibility is an area of interest to me, I would note that even if they have concerns, they won't just reject your application outright. There is an extensive procedure that CIC is legally obligated to follow, and if they don't their decision is subject to challenge.

If they have concerns, they will send you a formal letter ("fairness letter") that will set out their concerns. If you receive a fairness letter, you have three options:

(1) you can ignore it, in which case they will reject your application;
(2) you can challenge the medical opinion, including the projected costs. CIC seems to project high on costs in some cases because they focus on the condition, not the patient. The law says they must perform an individualized assessment of what the specific person will require, but they don't always do this.
(3) you can present a plan to mitigate the public costs

There are a handful of attorneys specializing in this sort of case, but they have an excellent track record. CIC doesn't do so well when it comes to medical inadmissibility cases of this type.

But from what you've said, I'd seriously doubt they will put the cost of your son's condition at $6,141 per year or more for the next five or ten years. In the unlikely even they do think he will be excessive demand, you have a lot of room to keep fighting!

 

[AhmedE77]

Hi All,

I applied for Express Entry and I have been accepted in the pool, but still awaiting ITA, however, I had an open heart surgery 3 years ago, but currently I don't have any heart diseases, would this affect my medical exam and is there any possibility of rejection.
Regards,
Ahmed