belize said:
Dear all my friends,
I am applying my parents as sponsor by next month, and I have sister she is around 30 year of age, and completely depend on my parents, and not taking any medicine or any problem but stay home and helping my mom walk around doing everything her own, so I have to include her in my parents application as a depended. Please advise what problem we could face person has cerebral palsy issues, in medical and what kind of proof I have to show them that she is complete depend on my parents. Please give me your advise which is very special for our family. Thank you in advance.
The potential issue that you have is she will be deemed inadmissible under A38 as "excessive demand". The question an officer will be asking is: "what are the anticipated social service and health care service costs associated with her condition." If you wish to be successful, it is advisable for you to work with one of the handful of attorneys specializing in excessive demand medical inadmissibility. If that is not an option for you, then you will need to be prepared to explain why your sister is not going to create excessive demand.
First, you aren't going to disagree that she has cerebral palsy, so there won't be a challenge to the medical officer's determination in this area. Instead, the issue will revolve around the
costs associated with her care. My guess is they will estimate the costs as if she were being cared for at public expense. Your challenge will be to demonstrate that this will not be the case: that your parents are capable and willing to care for her (as well as you). The ability to properly describe these costs is vital to being successful at challenging a finding of excessive demand.
A solid response will also add two additional arguments, one of which CIC seems to normally ignore (but is sufficient for a Federal Court to overturn a refusal) and the second that I've recently constructed but as far as I know has never been presented.
(1) In a fairness letter response, you would request that if the visa officer still concludes your sister is inadmissible - and thus your parents are as well - that she or he grant them a
Temporary Resident Permit so that you have an opportunity to demonstrate your good will in regards to not creating an excessive demand. You should also provide H&C grounds (family reunification, care for your parents, etc.) as justification. Note that there is a $200
per applicant fee for the TRP applications. If a TRP is granted, they would be permitted to come to Canada temporarily. After three years continuously in Canada on a TRP, they can apply for permanent residence in the "permit holder's class" (and note that it is not discretionary at that point with respect to the A38 issue). The Federal Court has overturned refusals in the past where the visa officer has failed to consider a TRP application request.
(2) In 2010 - after the date of IRPA - Canada signed the UN Convention on the Rights of People with Disabilities. http://www.un.org/disabilities/convention/signature.shtml
The argument is that this supersedes the considerations of A38 as it antedates IRPA. As far as I know, no one has ever presented this argument to CIC. While it is likely to be ignored, it will provide an interesting basis for a court challenge to an excessive demand refusal.
Properly responding to CIC with respect to A38 refusals requires a fair amount of time and education. I would suggest that you start with OP 15 "Medical Procedures", which is on the CIC website. It explains the process CIC is supposed to follow.
