Where a sponsorship has been refused because a person is inadmissible on medical grounds for Permanent Residence in Canada, the sponsor may appeal the decision to the Immigration and Refugee Board, Immigration Appeal Division.
The documents from a medical practitioner should be available in timely manner so that they may be filed and served in accordance with the Rules of the Immigration and Refugee Board, Immigration Appeal Division; currently Rule 30(4) stipulates that all medical documents including expert opinions must be disclosed at least 60 days prior to the start of the hearing.
Generally, the following documentation will be necessary to present to the Board: |
 New medical assessment for the refused applicant. Assessment should include:
- Degree to which applicant is currently self-supporting
- Degree to which applicant will become self-supporting in the future and within what expected time frame.
- Extent of medical care and supervision required for applicant currently and for the next ten years, specifically:
- Recurrent hospitalization;
- Social care and supervision;
- Special education;
- Special home care and supervision;
- Institutional care and supervisions.
- Extent to which conditions are treatable with medication.
- Whether conditions are likely to improve or deteriorate.
- Whether conditions are a risk to the public health and safety due to:
- Communicable disease;
- Abnormal behaviour;
- Sudden incapacity.
- Extent to which employable and productive in Canada.
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| It would be highly advisable to conduct the tests in the country where the applicant resides. The tests and interpretation should be done in consultation with a Canadian physician who can interpret the results from a Canadian perspective and appear in court to testify at the hearing. |
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| All costs associated with the testing, assessment, consultation and medical testimony must be borne by the sponsor or the applicant. Private financial arrangements with each of the physicians that do not involve financial liability on the part of the lawyer must be done in advance of the tests and hearing to the satisfaction of the physicians. |
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