Repeal of Medical Inadmissibility, Canada Immigration Policy

Canadian parliamentary committee pushes for repeal of medical inadmissibility clause

A few weeks ago on Nov 27^th we had posted about the Canadian immigration authority’s review of the medical inadmissibility clause and the debate around it. The unpopular clause is being termed as ‘discriminatory’ and the Canadian Government, which is led by Justin Trudeau’s Liberal Party, is facing increased pressure from all party members to remove the clause from the immigration act. Under the current medical inadmissibility clause, any disabled or chronically ill immigrant who applies for permanent residence can be denied entry into Canada, to relieve the financial burden on the health care system in excess of a set threshold.  The clause can also deny family members of immigrants the right to enter Canada if they suffer from a medical condition which can cause excess burden on the social security system.

Parliamentary committee asks for Medical Inadmissibility clause to be removed

In a report tabled on 13th Dec 2017, parliamentary committee recommended that the Government of Canada repeal the controversial clause. Members of Parliament in Canada were following up a Global News investigation which opened up a can of worms regarding malpractices and flaws in the IRCC handling of PR applications from immigrants who were differently able or those who suffer from chronic diseases. The MPs reviewed the rules under ‘Medical inadmissibility’ which enabled IRCC officials to deny immigrants the right to PR in Canada if either the primary immigrant or a family member suffered from a medical condition which could put excess burden on the Canadian health care system. The Members of Parliament raised concerns about the arbitrary nature of the clause and the fact that it is open to human error and biased judgment. The clause also termed as Section 38 1 (c) of the immigration protection act was termed as outdated by liberal MP, Robert Oliphant who was chairing the committee. He went on to state his opinion that the clause did not align with Canada’s point of views and humanitarian outlook with respect to immigrants with disabilities. According to Oliphant the issue was considered in the light of human rights of the immigrants and that majority of the witnesses were in favor of repealing the act.

Changes proposed by the parliamentary committee

The report by the parliamentary committee recommended that certain interim measures should take effect immediately. Measures which include increasing the cost criteria used for deciding medical inadmissibility, which is set at 6,655 CAD currently.  The committee also recommended that the IRCC consider the net benefit that an immigrant adds to the Canadian economy and society over and above the cost of his medical condition. It pointed out that many immigrants to Canada would add more value to the Canadian economy over the cost of their medical treatment. The immigration Minister for Canada, Ahmed Hussen called this review of the IRCC act a long overdue and stated that it did not align with the country’s value system. Many disability groups seeking PR Canada and advocates also called out against the medical inadmissibility clause as discriminatory and asked for its removal.

Positive impact on immigrants to Canada

The proposed changes if implemented will herald a positive change for all immigrants to Canada who are concerned about being rejected on grounds of medical inadmissibility. Many Immigrants to Canada who suffer from lifestyle diseases and certain chronic ailments or those having parents who suffer from the same would now be able to hope of getting their Permanent Residence application accepted successfully.

To know more about the medical inadmissibility clause and immigration to Canada, and to start your assessment today by beginning with free consultation at Global Tree for fast track process of your Visa immigration, work and settle in Canada. Global Tree overseas immigration consultants and education advisers are certified in immigration and have well informed counselors, who can guide you on fast track throughout your visa process. Call us now for booking a slot with counseling team.