Process for medical refusals
This section contains policy, procedures and guidance used by Immigration, Refugees and Citizenship Canada staff. It is posted on the Department’s website as a courtesy to stakeholders.
In the case of an IMM 5365B with a medical profile of inadmissibility, applicants must be permitted to respond. The following procedure must be followed:
- The medical officer will send a copy of the medical record (not including x-rays) and the Medical Notification (IMM 5365B) to the visa/immigration officer.
- If the health condition of the applicant, or the applicant’s family member, is likely to cause a danger to public health or public safety, the visa/immigration officer will notify the principal applicant of the medical results using the model Procedural Fairness Letter - medical refusals .
- For more information, see the section on Danger to Public Health and Public Safety
- If the health condition of the applicant, or the applicant’s family member, might reasonably cause excessive demand on health (i.e., out-patient medication) and/or social services, and notify the applicant by using the model Procedural Fairness Letter (medical refusal excessive demand cases) and provide the applicant with the Declaration of Ability and Intent template.
- For more information, see section on Excessive Demand on Health and Social Services
- A minimum of sixty (60) days from the date of the above-referenced letter of notification must be allowed to permit the applicant to respond.
- The visa/immigration officer will forward any new information provided by the applicant to the appropriate medical officers, using the form Letter to Medical Officer (from Visa/Immigration Officer) about New Medical Information in Procedural Fairness Cases.
- If the applicant does not supply additional documentation or information within the time allowed, the visa/immigration officer will refuse the application.
- provide any additional documentation or information that may be relevant to their application;
- pay any fees charged by doctors or other professionals they may consult in order to submit additional information;
- respond to the visa office within the time allotted.
If the applicant provides new information within the 60-day period challenging the medical opinion and/or providing a mitigation plan, the medical officer will review the new information under Procedural Fairness and either:
- confirm the initial medical opinion; or
- withdraw the existing medical opinion and reopen the assessment process leading to a new medical opinion.
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