Procedural Fairness Outcomes for Different Scenarios

If the applicant does not respond to the procedural fairness letter within the given time frame

• The visa or immigration officers would need to finalise the application based on the existing information present in the file

If the applicant challenges the medical opinion or excessive demand assessment but has not provided a declaration of ability and intent or a plan for mitigating the excessive demand on health and social services

• The medical officers would need to review the application and take one of the following steps:

  • Withdraw the opinion of inadmissibility and request additional information when the applicant’s submissions are insufficient for reaching a medical opinion

    • This would typically be the step to take when the applicant has provided information that leaves the medical officer in doubt about the initial medical assessment

    • However, the applicant might also have provided insufficient information for making a final decision

    • Therefore, the medical officer would need to withdraw the current opinion of inadmissibility

    • Thereafter, the medical officer would need to request additional information from the applicant in order to reach a new medical assessment

  • Maintain the original medical assessment

    • In this scenario, the applicant might not have provided sufficient information for overcoming the initial medical assessment

    • Therefore, the medical officer would need to communicate that the original medical assessment remains in effect to the visa or immigration officer

    • The visa or immigration officers would need to finalise the application based on the existing information present in the file

    • In addition, the officers would need to consider all the circumstances of the case and if they deem fit, refuse the case based on inadmissibility on health grounds

  • Issue a new medical opinion of inadmissibility

    • In this scenario, the officers would notify the applicant of the new inadmissibility

    • It is worth mentioning that the applicable procedural fairness procedures would apply in this scenario

  • Determine that the applicant is no longer inadmissible

    • In this scenario, the applicant or the applicant’s family members would no longer be inadmissible

    • Therefore, the file will proceed in accordance with the prescribed standard procedures

If the applicant submits a declaration of ability and intent as well as supporting documentation for mitigating the excessive demand on Canadian health and social services, regardless of whether the applicant has or has not challenged the medical assessment

• The medical officers would need to review the application and take one of the following steps:

  • Withdraw the opinion of inadmissibility and request additional information when the applicant’s submissions are insufficient for reaching a medical opinion

    • This would typically be the step to take when the applicant has provided information that leaves the medical officer in doubt about the initial medical assessment

    • However, the applicant might also have provided insufficient information for making a final decision

    • Therefore, the medical officer would need to withdraw the current opinion of inadmissibility

    • Thereafter, the medical officer would need to request additional information from the applicant in order to reach a new medical assessment

  • Maintain the original medical assessment

    • In this scenario, the applicant might not have provided sufficient information for overcoming the initial medical assessment

    • Therefore, the medical officer would need to communicate that the original medical assessment remains in effect to the visa or immigration officer

    • The visa or immigration officers would need to finalise the application based on the existing information present in the file

    • In addition, the officers would need to consider all the circumstances of the case and if they deem fit, refuse the case based on inadmissibility on health grounds

  • Issue a new medical opinion of inadmissibility

    • In this scenario, the officers would notify the applicant of the new inadmissibility

    • It is worth mentioning that the applicable procedural fairness procedures would apply in this scenario

  • Determine that the applicant is no longer inadmissible

    • In this scenario, the medical officer would need to give the visa or immigration officer an opinion on whether or not the applicant’s plan for mitigating the excessive demand on health and social services is detailed enough

    • In addition, the medical officer would need to give the visa or immigration officer an opinion on whether or not the applicant’s plan for mitigating the excessive demand on health and social services is both credible and viable as well

    • In case the medical officer feels satisfied that the mitigation plan is detailed enough, viable and credible, the diagnosis and the required services will remain valid from a medical point of view

    • As such, the inadmissibility on health grounds will remain valid as well

    • Therefore, officers would need to ensure that they do not make any changes to the M5 assessment

    • It is worth highlighting that the admissibility of the applicant is based on the visa or immigration officer’s satisfactions levels about the fact that the applicant has provided sufficient information for overcoming the inadmissibility, but not for changing the initial medical opinion, which, under the circumstances, continues to remain valid