Dear ALL, urgent help needed!!!!!!!!!!!!!!!!
I have been given a fairness letter on medical inadmissibility based on my HIV status. My intended destination is Quebec. Can someone please suggest how to go about responding to this letter or someone should please share a similar experience? Your comments and suggestions are welcome please.
Please see details of letter below:
[color=red]
Dear Mrs....,
This letter concerns your application for permanent residence in Canada. Based on a review of your file, it appears that you or your family member may not meet the requirements for immigration to Canada.
I have determined that the principal applicant, is a person whose health condition might reasonably be expected to cause excessive demand on health services in Canada. An excessive demand is a demand for which the anticipated costs exceed the average Canadian per capita health and social services costs, which is currently set at $5,143.00 per year. Pursuant to subsection 38(1) [and pursuant to section 42 in the case of a family member] of the Immigration and Refugee Protection Act, it therefore appears that you may be inadmissible on health grounds.
Mrs ..... has the following medical condition or diagnosis: Human Immunodeficiency Virus (HIV)
The following assessment was made by the Medical Officer:
This female applicant was born on ..... She made an application in the Skilled Worker (SW1-QC) category and her province of destination is Quebec. She intends to stay in Canada permanently.
She has been found to have Human Immunodeficiency Virus (HIV) infection, a chronic and currently incurable viral infection, compromising the affected individual`s immune system. HIV infects vital cells in the human immune system such as helper lymphocyte T cells (specifically lymphocyte CD4 T cells) and other cells of the immune system. HIV infection leads to low levels of CD4 T cells thus repeat laboratory tests measuring the CD4 lymphocyte count at regular intervals allow monitoring the progress of the infection and immunity levels of the individual. This also serves as a baseline for making therapeutical decisions as when to start antiretroviral therapy, as principles of the initiation of the therapy has been based on individually monitored CD4 lymphocyte levels and HIV plasma viral load. Although the natural course of the infection is one of clinical deterioration due to profound immune suppression, with modern drug treatment and specifically since the introduction of highly active antiretroviral therapy and prophylaxis against opportunistic pathogens (pathogens infecting a compromised immune system), HIV infection can be viewed as a chronic condition requiring indefinite management and treatment.
The applicant was diagnosed with HIV infection and has been followed-up. Laboratory investigations revealed CD4 lymphocytes count of 532 cells/ mm3 in December 2011. Repeat tests done in March 2012 showed CD4 lymphocytes count of 585 cells/mm3. The laboratory test results were deemed satisfactory thus the applicant did not qualify for active antiretroviral therapy (ARV) to be commenced.
A recent evaluation and report by a Consultant Physician- HIV/AIDS Coordinator from specialist confirmed an asymptomatic HIV infection in the applicant. She presented with no complaints and no health problems. Her general laboratory tests were within normal limits. Plasma HIV viral load was 13000 copies/ ml. CD4 lymphocytes count was of 585 cells/ mm3. Recommendations included:
- Close infectious disease specialist follow up
- Repeat laboratory CD4 lymphocyte count every 6 month (if CD4 count levels stable)
- Repeat laboratory CD4 lymphocyte count every 1 month (if decline in CD4 count levels noted)
- Follow-up by Community Relay Agents for psychological and emotional support
In conclusion it was stated that the applicant will qualify for the antiretroviral therapy (ARV) to be started once her CD4 lymphocyte count will reach the threshold of 350 cells/ mm3 or will decrease below it. Antiretroviral therapy could be initiated earlier if there will be evidence of any opportunistic infection.
Recent laboratory result of CD4 lymphocyte count was 373/ mm3 (done in September 2012). The comparison showed that levels of CD4 lymphocytes dropped from 585 cells/ mm3 in March 2012 to 373 cells/ mm3 in September 2012. It is clear that the applicant's condition will continue and it is likely that her immunity levels will deteriorate which will show in her decreasing CD4 lymphocytes counts. It is reasonable to expect that although in good general condition and asymptomatic, the applicant will require the antiretroviral therapy to be initiated at some stage in the near future, when her CD4 lymphocytes levels reach the threshold of 350 cells/ mm3 or when opportunistic infections develop. Once on antiretroviral therapy (ARV) the applicant will require to continue the antiretroviral therapy indefinitely.
If admitted to Canada she will require review and monitoring by medical personnel experienced in dealing with patients infected with HIV. She will also likely continue to require costly antiretroviral drugs provided at public expense.
Based upon a review of the results of this client's immigration medical examination and all reports received with respect to this individual's health condition, I conclude that this client has a health condition (HIV infection) that might reasonably be expected to cause excessive demand on Canadian health services.
Specifically, this client's health condition ( HIV infection) might reasonably be expected to require services (regular specialist review and follow- up, medical treatment in a form of highly active antiretroviral therapy) the costs of which would likely exceed the average Canadian per capita costs over five consecutive years immediately following her immigration medical examination.
In view of the above mentioned health related service requirements, admission of this client will likely create an excessive demand on Canadian health services making her inadmissible under Section 38(1) (c) of the Immigration and Refugee Protection Act.
Before I make a final decision, you have the opportunity to submit additional information that addresses any or all of the following:
• The medical condition(s) identified
• Health services required in Canada for the period indicated above
• Your individualized plan to ensure that no excessive demand will be imposed on Canadian health services for the entire period indicated above and your signed Declaration of Ability and Intent.
[/color].
please advise
I have been given a fairness letter on medical inadmissibility based on my HIV status. My intended destination is Quebec. Can someone please suggest how to go about responding to this letter or someone should please share a similar experience? Your comments and suggestions are welcome please.
Please see details of letter below:
[color=red]
Dear Mrs....,
This letter concerns your application for permanent residence in Canada. Based on a review of your file, it appears that you or your family member may not meet the requirements for immigration to Canada.
I have determined that the principal applicant, is a person whose health condition might reasonably be expected to cause excessive demand on health services in Canada. An excessive demand is a demand for which the anticipated costs exceed the average Canadian per capita health and social services costs, which is currently set at $5,143.00 per year. Pursuant to subsection 38(1) [and pursuant to section 42 in the case of a family member] of the Immigration and Refugee Protection Act, it therefore appears that you may be inadmissible on health grounds.
Mrs ..... has the following medical condition or diagnosis: Human Immunodeficiency Virus (HIV)
The following assessment was made by the Medical Officer:
This female applicant was born on ..... She made an application in the Skilled Worker (SW1-QC) category and her province of destination is Quebec. She intends to stay in Canada permanently.
She has been found to have Human Immunodeficiency Virus (HIV) infection, a chronic and currently incurable viral infection, compromising the affected individual`s immune system. HIV infects vital cells in the human immune system such as helper lymphocyte T cells (specifically lymphocyte CD4 T cells) and other cells of the immune system. HIV infection leads to low levels of CD4 T cells thus repeat laboratory tests measuring the CD4 lymphocyte count at regular intervals allow monitoring the progress of the infection and immunity levels of the individual. This also serves as a baseline for making therapeutical decisions as when to start antiretroviral therapy, as principles of the initiation of the therapy has been based on individually monitored CD4 lymphocyte levels and HIV plasma viral load. Although the natural course of the infection is one of clinical deterioration due to profound immune suppression, with modern drug treatment and specifically since the introduction of highly active antiretroviral therapy and prophylaxis against opportunistic pathogens (pathogens infecting a compromised immune system), HIV infection can be viewed as a chronic condition requiring indefinite management and treatment.
The applicant was diagnosed with HIV infection and has been followed-up. Laboratory investigations revealed CD4 lymphocytes count of 532 cells/ mm3 in December 2011. Repeat tests done in March 2012 showed CD4 lymphocytes count of 585 cells/mm3. The laboratory test results were deemed satisfactory thus the applicant did not qualify for active antiretroviral therapy (ARV) to be commenced.
A recent evaluation and report by a Consultant Physician- HIV/AIDS Coordinator from specialist confirmed an asymptomatic HIV infection in the applicant. She presented with no complaints and no health problems. Her general laboratory tests were within normal limits. Plasma HIV viral load was 13000 copies/ ml. CD4 lymphocytes count was of 585 cells/ mm3. Recommendations included:
- Close infectious disease specialist follow up
- Repeat laboratory CD4 lymphocyte count every 6 month (if CD4 count levels stable)
- Repeat laboratory CD4 lymphocyte count every 1 month (if decline in CD4 count levels noted)
- Follow-up by Community Relay Agents for psychological and emotional support
In conclusion it was stated that the applicant will qualify for the antiretroviral therapy (ARV) to be started once her CD4 lymphocyte count will reach the threshold of 350 cells/ mm3 or will decrease below it. Antiretroviral therapy could be initiated earlier if there will be evidence of any opportunistic infection.
Recent laboratory result of CD4 lymphocyte count was 373/ mm3 (done in September 2012). The comparison showed that levels of CD4 lymphocytes dropped from 585 cells/ mm3 in March 2012 to 373 cells/ mm3 in September 2012. It is clear that the applicant's condition will continue and it is likely that her immunity levels will deteriorate which will show in her decreasing CD4 lymphocytes counts. It is reasonable to expect that although in good general condition and asymptomatic, the applicant will require the antiretroviral therapy to be initiated at some stage in the near future, when her CD4 lymphocytes levels reach the threshold of 350 cells/ mm3 or when opportunistic infections develop. Once on antiretroviral therapy (ARV) the applicant will require to continue the antiretroviral therapy indefinitely.
If admitted to Canada she will require review and monitoring by medical personnel experienced in dealing with patients infected with HIV. She will also likely continue to require costly antiretroviral drugs provided at public expense.
Based upon a review of the results of this client's immigration medical examination and all reports received with respect to this individual's health condition, I conclude that this client has a health condition (HIV infection) that might reasonably be expected to cause excessive demand on Canadian health services.
Specifically, this client's health condition ( HIV infection) might reasonably be expected to require services (regular specialist review and follow- up, medical treatment in a form of highly active antiretroviral therapy) the costs of which would likely exceed the average Canadian per capita costs over five consecutive years immediately following her immigration medical examination.
In view of the above mentioned health related service requirements, admission of this client will likely create an excessive demand on Canadian health services making her inadmissible under Section 38(1) (c) of the Immigration and Refugee Protection Act.
Before I make a final decision, you have the opportunity to submit additional information that addresses any or all of the following:
• The medical condition(s) identified
• Health services required in Canada for the period indicated above
• Your individualized plan to ensure that no excessive demand will be imposed on Canadian health services for the entire period indicated above and your signed Declaration of Ability and Intent.
[/color].
please advise
