+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445
Client Portal

Hemophilia reason for PR rejection. Is there a way?

G

Gitibhd

Member
Oct 4, 2020
14
1
Hi all.
We are a family of 4 from Iran. We have 2 kids aged 9 and 6. My son has sever hemophilia type A and has to inject FACTOR 8 three days a week.
3 yeas ago we applied for permenant resident visa to canada via investment program and we spent so much money and time waiting all these years to be accepted. We were all qualified and even we paid the landing fee to Canada's government but when we did the medical tests,a letter came to us telling that my 9 year old son's medication costs cause excessive demands on Canada's social service. The IRCC officer had estimated the costs to be 537000 CAD/year . Our lawyer in Canada responded to their procedural fairness letter indicating by proved documents that the costs would be between 40000 to 95000 CAD which was well bellow the 537000 CAD that IRCC had estimated. Four months later,we recieved a letter from the officer telling us that we were rejected.
We are all hopeless now.
Our lawyer is going to file a notice to the court for leave and judicial review.
According to humanitarian and compassionate considerations, do you think we have any chance?
 
Hi

Gitibhd said:
Hi all.
We are a family of 4 from Iran. We have 2 kids aged 9 and 6. My son has sever hemophilia type A and has to inject FACTOR 8 three days a week.
3 yeas ago we applied for permenant resident visa to canada via investment program and we spent so much money and time waiting all these years to be accepted. We were all qualified and even we paid the landing fee to Canada's government but when we did the medical tests,a letter came to us telling that my 9 year old son's medication costs cause excessive demands on Canada's social service. The IRCC officer had estimated the costs to be 537000 CAD/year . Our lawyer in Canada responded to their procedural fairness letter indicating by proved documents that the costs would be between 40000 to 95000 CAD which was well bellow the 537000 CAD that IRCC had estimated. Four months later,we recieved a letter from the officer telling us that we were rejected.
We are all hopeless now.
Our lawyer is going to file a notice to the court for leave and judicial review.
According to humanitarian and compassionate considerations, do you think we have any chance?
Click to expand...

1. As a previous reply, the medical costs for your son are still over the threshold.
2. As you are outside Canada, H.& C. is not a factor.
 
PMM said:
Hi



1. As a previous reply, the medical costs for your son are still over the threshold.
2. As you are outside Canada, H.& C. is not a factor.
Click to expand...

Oh, I didnt know that H&C is not a factor for those outside Canada. So the only small hope is gone. Thanks for answering
 
PMM said:
Hi



1. As a previous reply, the medical costs for your son are still over the threshold.
2. As you are outside Canada, H.& C. is not a factor.
Click to expand...
Also when officer will estimate costs they will:
1. use prices from Canada for any medicaments, treatments, procedures, operations...
2. project 10 years into future and estimate if and how can his health deteriorate over that time. If he will need additional extensive procedure, additional specialist visits, operation or the probability of complications. All that is done according to the statistics from similar cases (be it with hemophilia or accident probability for children, which can be higher). Also and option that he will end up on welfare or that he will need a regular assistance was taken into account.
 
vensak said:
Also when officer will estimate costs they will:
1. use prices from Canada for any medicaments, treatments, procedures, operations...
2. project 10 years into future and estimate if and how can his health deteriorate over that time. If he will need additional extensive procedure, additional specialist visits, operation or the probability of complications. All that is done according to the statistics from similar cases (be it with hemophilia or accident probability for children, which can be higher). Also and option that he will end up on welfare or that he will need a regular assistance was taken into account.
Click to expand...

Thank you so much! Your detailed explanations really convinced me that the officer might have been true in estimating my son's costs. Unfortunately hemophilia is an expensive disease and poor my son that unwantedly should go through so many obstacles in his life.
 
Hi.
Our case was sent to Niagara Falls Immigration Office for redetermination.
Does anyone have any experience about retermination in this office? As this office deals with H&C and medical inadmissibility cases?
 
Gitibhd said:
Hi.
Our case was sent to Niagara Falls Immigration Office for redetermination.
Does anyone have any experience about retermination in this office? As this office deals with H&C and medical inadmissibility cases?
Click to expand...

Unless you were able to prove that the cost of treatment would be under 100k over 5 years the reconsideration will be refused. There are no timeframes when it comes to reconsideration because they are so individual.
 
canuck78 said:
Unless you were able to prove that the cost of treatment would be under 100k over 5 years the reconsideration will be refused. There are no timeframes when it comes to reconsideration because they are so individual.
Click to expand...



Thank you so much for your quick answer. We have provided evidence that the costs are maximum 90k but the officer who rejected us said the costs would be 500k ! We should wait to see what the new officer decides
 
Gitibhd said:
Thank you so much for your quick answer. We have provided evidence that the costs are maximum 90k but the officer who rejected us said the costs would be 500k ! We should wait to see what the new officer decides
Click to expand...

Based on my albeit brief research the standard of treatment in Canada is much more expensive than 90K every 5 years.
 
Gitibhd said:
Thank you so much for your quick answer. We have provided evidence that the costs are maximum 90k but the officer who rejected us said the costs would be 500k ! We should wait to see what the new officer decides
Click to expand...
I hope things work out for you and your family, if not in Canada then somewhere else. Take care and good luck!
 
  • Like
Reactions: Gitibhd
You must log in or register to reply here.