Active TB

[chonji1226]

Hi all,

I'm currently on a work permit and have already submitted my inland application under CEC.

So during the medical exam, they found out I have active TB and will need to undergo treatment.

So what will happen to my application?

Will they deny it outright? Or put it on hold while I undergo treatment?

I wonder if they will consider my situation. I'm already in Canada with a closed work permit.

 

[Canadianspirit]

I think as long as you get treated you should still have a chance. Hire a lawyer though just in case so they would know how to go about this situation

 

[legalfalcon]

Hi all,

I'm currently on a work permit and have already submitted my inland application under CEC.

So during the medical exam, they found out I have active TB and will need to undergo treatment.

So what will happen to my application?

Will they deny it outright? Or put it on hold while I undergo treatment?

I wonder if they will consider my situation. I'm already in Canada with a closed work permit.

Which test came out positive?

The first test is the skin test, most applicants from south asia will have this positive. To further confirm, they will of a quantiferon test, which is a blood test and also do an x-ray.

If your quantiferon test comes out positive but there is no sign in your x-ray, you have what is known as latent TB, which a lot of people have and does not mean that you have TB. https://www.cdc.gov/tb/publications/factsheets/general/ltbiandactivetb.htm

The x-ray is what will determine whether you actually have TB or not. If the X-ray shows that you do have TB, then you should immediately start the treatment.

As regards IRCC, this is not be a ground of rejection as the cost of treating TB is not that much, but it will depend on what kind of TB you. With the limited information you have provided, I can't say much. But don't be too scared. If you can provide more info, we can discuss.


IRCC has published the manual for this. Your application will be processed as normal, but in the final approval, they will have you under surveillance.

http://www.cic.gc.ca/english/resources/tools/medic/physicians/documents/PDF/english.pdf

 

[chonji1226]

Unfortunately that is for inactive TB, mine is active. They initially thought it was cancer so they did a biopsy, cancer came out as negative so that's still good but TB came as postive. Someone from Public Health called me to inform me I have active TB and they be coming to my house to start the treatment process

 

[legalfalcon]

Unfortunately that is for inactive TB, mine is active. They initially thought it was cancer so they did a biopsy, cancer came out as negative so that's still good but TB came as postive. Someone from Public Health called me to inform me I have active TB and they be coming to my house to start the treatment process

Nothing to worry about. You will have to take medication for 6-9 months. This will not impact your PR application. Taking TB medications is not easy, as it impacts your psychologically. So make sure you stay positive and get as much help from your family and friends.

I hope you get well soon and this was diagnosed early.

 

[canuck_in_uk]

Nothing to worry about. You will have to take medication for 6-9 months. This will not impact your PR application.

There is an impact, as the PR app will not be approved while OP has active TB. The app will be delayed until treatment is complete.

 

[legalfalcon]

There is an impact, as the PR app will not be approved while OP has active TB. The app will be delayed until treatment is complete.

That would have been the case if he would have been an outland applicant. However, he is inland candidate and even if he receives PR, that would be under surveillance, which is currently is.

http://www.cic.gc.ca/english/department/partner/pp/pdf/IMEI_Tuberculosis.pdf

http://www.cic.gc.ca/english/resources/tools/medic/surveillance/surveillance.asp

http://www.cic.gc.ca/english/resources/tools/medic/admiss/health.asp

Active Pulmonary Tuberculosis (TB) and untreated Syphilis are considered a danger to public health. If the foreign national has either or both of these conditions, they will likely be found inadmissible on the grounds of danger to public safety, unless the foreign national is treated according to Canadian standards. Although the Human immunodeficiency virus (HIV) is not considered a danger to public health, CIC is committed to public health risk mitigation, and provides foreign nationals with HIV with important information that can reduce the risk of transmission.

 

[canuck_in_uk]

That would have been the case if he would have been an outland applicant. However, he is inland candidate and even if he receives PR, that would be under surveillance, which is currently is.

Active TB makes a person inadmissible to Canada, regardless of whether they are already in Canada.

 

[legalfalcon]

Active TB makes a person inadmissible to Canada, regardless of whether they are already in Canada.

It is the totality of the circumstances that are taken into account. The applicant will be issued a procedural fairness letter opining an intention to refuse the applicant on grounds of medically inadmissibility; unless the foreign national is treated in accordance with Canadian standards. Having active TB does not automatically lead to inadmissibility.

 

[canuck_in_uk]

It is the totality of the circumstances that are taken into account. The applicant will be issued a procedural fairness letter opining an intention to refuse the applicant on grounds of medically inadmissibility; unless the foreign national is treated in accordance with Canadian standards. Having active TB does not automatically lead to inadmissibility.

Please show an example where a person with active TB (excluding refugees) was granted PR.

The procedural fairness letter will be issued because OP is inadmissible based on their medical condition. OP can then respond showing that they are undergoing treatment and the app will be held until treatment is completed and OP is no longer inadmissible.

 

[legalfalcon]

Please show an example where a person with active TB (excluding refugees) was granted PR.

The procedural fairness letter will be issued because OP is inadmissible based on their medical condition. OP can then respond showing that they are undergoing treatment and the app will be held until treatment is completed and OP is no longer inadmissible.

There is no clear answer, as the decision would depend on the medical evidence presented, the tests conducted and kind of TB detected. Just merely stating that having active TB leads to inadmissibility is incorrect.

See
Fung v. Canada (Minister of Employment & Immigration)
1986 CarswellNat 219, 18 Admin. L.R. 260, 37 A.C.W.S. (2d) 312, 4 F.T.R. 118

This decision may not be available on CanLII, but the relevant part states:

"When the applicant Gun Sui Fung attended for the medical examination required by the Canadian immigration officials and was diagnosed as having tuberculosis, he was told that he could undergo a 1-year course of treatment and he complied. Simple justice required not only that the course of treatment be given the opportunity to run its full course, but that there be not even the appearance of failure to consider the results of that full course of treatment in assessing his application. The treatment began in July of 1982 and yet a final determination adverse to the applicant was made in March of 1983. In reaching the decision to refuse the application, the respondents, in my opinion, treated Gun Sui Fung unfairly and were in fundamental error in failing to allow the specified treatment to run its course and to give adequte consideration to the results of the completed course of treatment in assessing his application. These circumstances warrant an order of certiorari setting aside the decision to refuse and a direction that the application be reconsidered on the basis of an analysis of the results of the full course of treatment recommended by Dr. Duchastel and carried out at the Canton city clinic. The applicants shall have their costs of this application."

Further, s. 19(1)(a)(i) of the IRPA does not allow landing to applicants who are "likely to be a danger" on health grounds. However, when an applicant is already in Canada, when he is diagnosed with a medical condition which may make him inadmissible, but is undergoing treatment, the entire medical evidence has to be looked into before making a decision.

I am not contending that it would be a straight forward case, but the fact that he has already been reported and is undergoing treatments, would be considered before a decision is made. I am also not aware of what the applicant's status is in Canada, whether he underwent a medical before coming to Canada, and many other questions need to be answered.

 

[canuck_in_uk]

There is no clear answer, as the decision would depend on the medical evidence presented, the tests conducted and kind of TB detected. Just merely stating that having active TB leads to inadmissibility is incorrect.

See
Fung v. Canada (Minister of Employment & Immigration)
1986 CarswellNat 219, 18 Admin. L.R. 260, 37 A.C.W.S. (2d) 312, 4 F.T.R. 118

This decision may not be available on CanLII, but the relevant part states:

"When the applicant Gun Sui Fung attended for the medical examination required by the Canadian immigration officials and was diagnosed as having tuberculosis, he was told that he could undergo a 1-year course of treatment and he complied. Simple justice required not only that the course of treatment be given the opportunity to run its full course, but that there be not even the appearance of failure to consider the results of that full course of treatment in assessing his application. The treatment began in July of 1982 and yet a final determination adverse to the applicant was made in March of 1983. In reaching the decision to refuse the application, the respondents, in my opinion, treated Gun Sui Fung unfairly and were in fundamental error in failing to allow the specified treatment to run its course and to give adequte consideration to the results of the completed course of treatment in assessing his application. These circumstances warrant an order of certiorari setting aside the decision to refuse and a direction that the application be reconsidered on the basis of an analysis of the results of the full course of treatment recommended by Dr. Duchastel and carried out at the Canton city clinic. The applicants shall have their costs of this application."

Further, s. 19(1)(a)(i) of the IRPA does not allow landing to applicants who are "likely to be a danger" on health grounds. However, when an applicant is already in Canada, when he is diagnosed with a medical condition which may make him inadmissible, but is undergoing treatment, the entire medical evidence has to be looked into before making a decision.

I am not contending that it would be a straight forward case, but the fact that he has already been reported and is undergoing treatments, would be considered before a decision is made. I am also not aware of what the applicant's status is in Canada, whether he underwent a medical before coming to Canada, and many other questions need to be answered.

The judge is essentially stating that IRCC erred in refusing the app without giving the applicant the time needed to no longer be inadmissible after completing treatment. This illustrates what I have said, that IRCC will allow OP to undergo treatment and the decision will be made once treatment is complete and OP is once again admissible.

Regardless, OP must simply wait at this point for IRCC to respond to the results of the medical.

 

[legalfalcon]

The judge is essentially stating that IRCC erred in refusing the app without giving the applicant the time needed to no longer be inadmissible after completing treatment. This illustrates what I have said, that IRCC will allow OP to undergo treatment and the decision will be made once treatment is complete and OP is once again admissible.

Regardless, OP must simply wait at this point for IRCC to respond to the results of the medical.

His situation also differs since he is being treated in Canada, which would be different for an outland applicant. There are other cases too, which have not been published, but have granted approval of application under surveillance. But this is based on fact and many other variables.

 

[MZASAM]

His situation also differs since he is being treated in Canada, which would be different for an outland applicant. There are other cases too, which have not been published, but have granted approval of application under surveillance. But this is based on fact and many other variables.

Guys: You both are doing a great service..sharing your knowledge..

 

[chonji1226]

Thank you so much for your replies...somehow helps me to feel a bit relieved

I guess below would be the best scenario I can hope for. TB came out as a big big surprise for me because I don;t have any symptoms.

I will be happy already if they hold my application and wait for my treatment to complete

"The procedural fairness letter will be issued because OP is inadmissible based on their medical condition. OP can then respond showing that they are undergoing treatment and the app will be held until treatment is completed and OP is no longer inadmissible."