14 March 2004
Dear Ms.
This refers to your application for permanent residence from Canada on humanitarian and compassionate grounds. This is a two-step decision making process.
First, humanitarian and compassionate factors are assessed to decide whether to grant an exemption from legislative requirements to allow processing of your application for permanent residence from within Canada. On May 2003, a representative of the Minister of Citizenship and Immigration approved your request for these exemptions for the purpose of processing this application.
Second, you must meet all other statutory requirements of the Immigration and Refugee Protection Act, for example, medical, security and passport considerations and arrangements for your support and care. As your application is processed, separate decisions will be made about whether you meet these other requirements.
New information suggests that your application for permanent residence may have to be refused as it appears you are a person described in Section 38(1)(c) of the Immigration and Refugee Protection Act. Immigration and Refugee Protection Act. Persons described in this section are inadmissible to Canada. Specifically, I have received a medical notification stating your are suffering from AIDS. The narrative on this notification states:
This 35-year-old applicant has been diagnosed with HIV and is currently on anti-retroviral agents. While taking these drugs, her viral load is undetectable. However, her T-cell count is 390. In 1992 she had pneumocystis carina and in 1994 she was treated for tuberculosis. This is Aids defining. It is reasonable to expect that Ms. will continue ongoing management by a physician knowledgeable in the treatment of persons living with Human Immunodeficiency Virus. It is also reasonable to expect that this disease will continue and that anti-retroviral drugs will be needed. This treatment is very expensive and is covered by provincial health plans.
Based upon my review of the medical examination and all the reports I have reviewed with respect to her health condition, I conclude that she has a health condition, I conclude that she has a health condition that might reasonably be expected to cause excessive demand on health services. Specifically, this health condition might reasonably be expected to require services, the cost of which would likely exceed the average Canadian per capita costs over 5 year period. She is, therefore inadmissible under Section 38(1)(c) of the Immigration and Refugee Protection Act.
Also has: Depression-Bipolar Disease
This information leads me to conclude that you can be expected to cause excessive demands on health or social services in Canada. For this reason, I could refuse your application for permanent residence.
Before I make a decision whether you are inadmissible, you may respond to the description of your medical condition with new medical information on your own.
You have 60 days from the date of this letter to send new medical information, not previously on your immigration medical file, to the Designated Medical Practitioner who conducted your initial examination. If you choose to submit new medical information, please inform this office in writing. You may have to pay fees charged by the doctor to examine the new information. He or she will then forward this information to the Canadian Medical Officers in Ottawa. (Do not forward medical reports to this office, as they are reviewed by the Medical Officers.)
If you choose not to repond with additional information, or if it does not change the opinion of the medical officers, your application may be refused.
Yours truly
E.R. Klak
Immigration Counsellor
I did not respond. I was in a tight corner.
30 June 2004
Dear Ms.
This refers to your application for permanent residence from within Canada on huminitarian and compassionate grounds. A recent letter invited you to respond by writing to this office within sixty (60) days from the date of that letter to new medical information that had been received suggesting that you were a person described in an inadmissible category of the Immigration and Refugee Protection Act. No response was received from you.
As indicated in the previous letter, a decision about your application for permanent residence has therefore been made based upon information on your file. On 30 June 2004, I a representative of the Minister of Citizen and Immigration reviewed the information on your file and it appears that you are a person described in Section 38 of the Immigration and Refugee Protect Act, that is, a person who is inadmissible on health grounds in that you might reasonably be expected to cause excessive demand on the health or social services in Canada.
As such, permanent residence in Canada cannot be granted to you and your application for permanent residence must be refused. This means that the exemption previously granted in your case from the requirement to obtain an immigrant visa has no further effect.
Notwithstanding this decision, sufficient humanitarian and compassionate considerations may exist to warrant seeking approval to issue a Temporary Resident Permit to allow you to remain in Canada. If approved, you must renew the Temporary Resident Permit and remain continuously in Canada for three years. At that time, you may re-apply for permanent residence pursuant to subsection 64 of the Immigration and Refugee Protection Regulations. Processing fees for a new application for permanent residence will apply.
A request for permission to issue a Temporary Resident Permit in your case will be forwarded to the Director General, Citizenship & Immigration, B.C. Region. The Director General will assess the request for a Temporary Resident Permit in consultation with the B.C. Ministry of Health. When further information is available, you will be advised.
I regret this decision could not be more favourable at this time.
Yours truly
Christine Hutchinson
Citizenship and Immigration Officer
Christine Hutchinson saved my life.
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