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Need help Medical Inadmissibility????

ASHMAJ

Newbie
Dec 31, 2016
5
0
Hi
I sponsored my parents with two dependent brother in February 2010 and I passed sponsored eligibility in 2013. My both brother have HIV with viral load 0 and hepatitis be antigen 9.0. i ordered GCMS notes today and sad news is it says under one of my bother medical notes that "Has a condition that might be reasonably be expected to cause excessive demands on health an social service to such an extent that is inadmissible under section 38(1)(c)." please if someoe can help what exactly its means and will my parents get fairness letter and can we fight against this?/// they did medical in August 2016. his medical status is ready to be assesed but reason of closure: Not Granted???
 

SaskinSeoul

Star Member
Apr 1, 2016
120
3
Category........
Visa Office......
Manila
Job Offer........
Pre-Assessed..
App. Filed.......
30-11-2016
AOR Received.
15-12-2016
Med's Done....
Upfront
Interview........
No
Passport Req..
April 2017
VISA ISSUED...
April 2017
LANDED..........
June 2017
Nothing you can do! HIV is no joke and he will cost 1000s of dollars to healthcare.
 

canuck_in_uk

VIP Member
May 4, 2012
31,558
7,197
Visa Office......
London
App. Filed.......
06/12
ASHMAJ said:
Hi
I sponsored my parents with two dependent brother in February 2010 and I passed sponsored eligibility in 2013. My both brother have HIV with viral load 0 and hepatitis be antigen 9.0. i ordered GCMS notes today and sad news is it says under one of my bother medical notes that "Has a condition that might be reasonably be expected to cause excessive demands on health an social service to such an extent that is inadmissible under section 38(1)(c)." please if someoe can help what exactly its means and will my parents get fairness letter and can we fight against this?/// they did medical in August 2016. his medical status is ready to be assesed but reason of closure: Not Granted???
Hi

If IRCC believes he is medically inadmissible, they will send a procedural fairness letter. It will then up to you guys to prove that the costs of treating his condition will not exceed the Excessive Demand Threshold.

At this point, you need to just wait and see what they say. If they do send a fairness letter, you should hire a lawyer experienced in medical inadmissibility. You could also contact forum member computergeek, who has significant experience in medical inadmissibility.
 

scylla

VIP Member
Jun 8, 2010
93,491
20,823
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
I would also search for old threads on this forum using the words "fairness" and "HIV". I think you'll find a lot of good information.

Agreed this is not a do it yourself. Hire a good lawyer to held you respond to the fairness letter that's coming.

Note that if your brother is refused, the entire application will be refused.
 

Rob_TO

VIP Member
Nov 7, 2012
11,427
1,551
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
Note that if the entire application is refused due to medical excessive demand criteria, then you can always try to sponsor your parents again after your brothers are past the qualifying age of dependents so their medical condition would no longer count against your parents.