Medical Issues
- Their condition endangers the health or safety of the Canadian population at large; or
- Their admission might cause excessive demand on existing social or health services provided by the government.
The medical officer is obliged to consider the nature, severity, and probable duration of any health impairment from which the person is suffering as well as other factors when determining whether any person is inadmissible on medical grounds, such as:
- Danger of contagion;
- Unpredictable or unusual behavior that may create a danger to public safety; and
- The supply of social or health services that the person may require in Canada and whether the use of such services will deprive Canadian nationals of these services.
When it comes to permanent residency and refusals based on health reasons, it is possible for the applicant to consider seeking a legal remedy by demonstrating that the applicant will, in fact, not exceed the estimated average costs of medical treatment of Canadians or that there are important humanitarian considerations that should warrant an exception. This can be done by providing a detailed response to a fairness letter from the government prior to a refusal or by seeking a judicial review in Federal Court if the decision appears unreasonable.
In certain circumstances, for temporary stays in Canada, an individual who does not meet the Canadian medical requirements may be granted a Temporary Resident Permit (TRP) to enter Canada.