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Fairness Letter received for my Down Syndromic Child

Ramesch

Full Member
Apr 26, 2009
49
3
Hi Sir.

My name is Ramesch (F/O Down Syndromic Child). I applied under FSW in September 2008 from Pakistan. My son is born with “DOWN Syndrome”.

I filed application on 22-09-2008. Till now 60 months have passed, until now, we all went thru medicals thrice; my child went through health and psychological assessments for 08 times.

04 days back I received a letter from CIC Islamabad (which is being reproduced as under):

We have received a medical notification stating that your dependant has the following medical condition or diagnosis: Development Delay, which is in the opinion of a medical officer:
This 4 year old applicant has development delay due to Down’s Syndrome. A recent assessment from a clinical psychologist showed that he has “intellectual below average” I.Q and Speech impairment. He has been advised specialized education program to improve his learning. The Canadian social philosophy has a commitment to quality, full participation and maximum community integration of all individuals with mental retardation in order to maximize their personal development. This applicant and his family would be eligible for a variety of social services and benefits that would promote his relative autonomy. He would be eligible for programs focusing on the acquisition of basic living skills including special education and vocational training. These services would include access to a spectrum of supervised setting and community group homes, as well as parent / caregiver relief programs and respite care. As a permanent resident, he would be able to access the Supported Independent Living Program which would enable him to maximize his potential for living as independently as possible in the community. These social services are expensive, cost more than the average amount spent on individual health care in Canada, and publically funded.
Based upon my review of the results of this medical examination and all the reports i have received with respect to the applicant’s condition, I conclude that he has a health condition that might reasonably be expected to cause excessive demand on social services. Specially, this health condition might reasonably be expected to require services, the cost of which would likely exceed the average Canadian Per Capita costs over next 5 to 10 years, and would add to existing waiting lists and delay or deny the provision of those services in Canada who need and are entitled to them.
The applicant is therefore INADMISSIBLE under section 38(1)(c) of the Immigration and Refugee Protection Act.
This information raises concerns that your dependant can be expected to cause excessive demand on health or social services in Canada. For this reason, you may be a member of the inadmissible class under section A38(1) of the Immigration & Refugee Protection Act (IRPA) and your application for permanent residence could be refused.
A38(1) states that “A foreign national is inadmissible on health grounds if their health condition
(a) Is likely to be a danger to public health;
(b) Is likely to be danger to public safety; or
(c) Might reasonably be expected to cause excessive demand on health or social services.”
Before a final decision has been made, you may submit additional information or documents relating to the above medical condition, diagnosis of opinion. You may also submit any information addressing the issue of excessive demand if it applies to your case.
In the light of above, please advise me what should I do? I can I prove that, their conclusion is not correct? Should I re-consult same psychologist and get a fresh assessment? Do I have to provide them a financial plan showing that, I can bear expenses of my Child? If yes, than how to do it?
Your valuable advice and complete guidance is requested so I may get out of this step (though I know that there are very thin chances for my immigration).
Regards
 

Pippin

VIP Member
Mar 22, 2010
4,254
530
This is a hard knock. Read everything you can about excessive demand. Search on forum (there have been many threads dealing with this issue) and google it as well. Look for comments by Computergeek on forum. He has a wonderful understanding of the process. Consider getting legal assistance as this is not a straightforward case. All the best.
 

fadi18

Newbie
Feb 12, 2013
4
2
Don't lose hope my brother applied for immigration since 2010 after all the medical he got fairness letter stating that his son is medical Admissibility . he already submit his plan about a week ago along with financial support and all the psychologist and psychiatrist assessment for his son.
first of all you have to search online and get advise, and preparing a good plan that your son will not be excessive demand on canada.
if you need any help you can email me i will give you all the information because i just did it for my brother.
i will be glad if i can help you regarding this matter.
you have a special kid and God is always with you, you will get positive result. :)