Parent sponsorship and rejection on health grounds, proceeding to appeal process

[waichhang]

Hi! All
I sponsored my parents in 2010, and my parents application for Canadian PR was rejected on health grounds due to my father having renal failure and hence being an excessive demand on Canadian healthcare. CIC has sent me a letter indicating I can appeal this decision as a right of sponsor. Any one have a similar experience and any suggestion as to how to proceed with the appeal and what are the chances of success . Thanks.

 

[waichhang]

Hi! All
I sponsored my parents in 2010, and my parents application for Canadian PR was rejected on health grounds due to my father having renal failure and hence being an excessive demand on Canadian healthcare. CIC has sent me a letter indicating I can appeal this decision as a right of sponsor. Any one have a similar experience and any suggestion as to how to proceed with the appeal and what are the chances of success . Thanks.

 

[waichhang]

Hi! All
I sponsored my parents in 2010, and my parents application for Canadian PR was rejected on health grounds due to my father having renal failure and hence being an excessive demand on Canadian healthcare. CIC has sent me a letter indicating I can appeal this decision as a right of sponsor. Any one have a similar experience and any suggestion as to how to proceed with the appeal and what are the chances of success . Thanks.

Can Anyone suggest anything

 

[sungeus]

I think you should consult with a lawyer on this one. I have seen cases on lawyers websites where they have appealed and successfully won the appeal.

 

[nush78l]

Can Anyone suggest anything

What stage renal failure does your father have and what is the cause of it? Is he on dialysis?

Here some information that maybe helpful
http://www.cic.gc.ca/english/resources/tools/medic/admiss/index.asp
http://www.cic.gc.ca/english/resources/tools/medic/admiss/excessive.asp

 

[nush78l]

Second getting a lawyer and a good very good Nephrologist.
It may be out of your reach, but Dr Leo Levin in Toronto is a world Renowned Nephrologist

Best is to contact a Nephrologist in the home country of your father. My father has some renal problems as well and has been sent for numerous tests over 5 months.

He was told the decision to refuse is based on which stage renal failure, cause and whether dialysis is required. Is your father on dialysis?

 

[waichhang]

Hi! All
I sponsored my parents in 2010, and my parents application for Canadian PR was rejected on health grounds due to my father having renal failure and hence being an excessive demand on Canadian healthcare. CIC has sent me a letter indicating I can appeal this decision as a right of sponsor. Any one have a similar experience and any suggestion as to how to proceed with the appeal and what are the chances of success . Thanks.

 

[jeffporfirio1]

Best is to contact a Nephrologist in the home country of your father. My father has some renal problems as well and has been sent for numerous tests over 5 months.

He was told the decision to refuse is based on which stage renal failure, cause and whether dialysis is required. Is your father on dialysis?

Agree, but the opinion of not only a world-renowned (and Canadian!) Nephrologist will convince CIC, and give OP peace of mind.

 

[waichhang]

No My Father is not on dialysis.
We got an independent consultation from a nephrologist and he claims he can still be maintained on medications for his blood pressure and does not need immediate dialysis.

 

[jeffporfirio1]

No My Father is not on dialysis.
We got an independent consultation from a nephrologist and he claims he can still be maintained on medications for his blood pressure and does not need immediate dialysis.

There you go, get them translated and hire a lawyer

 

[waichhang]

Thanks for the response to everyone that has taken the time to post.
My father had an independent consultation with a nephrologist and he was of the opinion that he was not in immediate need for dialysis. The letter was sent for cic but it was not accepted. I also claimed that he had made numerous visit to Canada in the past 5-6 years last was on a super visa in the summer of 2015 and he was not needing any dialysis at that time though he had a a travellers insurance. He is aged 75 and is still running a business and very active . If needed dialysis as claimed by CIC then how could he still be working .

 

[nush78l]

Thanks for the response to everyone that has taken the time to post.
My father had an independent consultation with a nephrologist and he was of the opinion that he was not in immediate need for dialysis. The letter was sent for cic but it was not accepted. I also claimed that he had made numerous visit to Canada in the past 5-6 years last was on a super visa in the summer of 2015 and he was not needing any dialysis at that time though he had a a travellers insurance. He is aged 75 and is still running a business and very active . If needed dialysis as claimed by CIC then how could he still be working .

Was your father referred to a Nephrologist during the medical examinations for PR? Usually, they refer to a Nephrologist and obtain a report to make their decision.

My father seems to be in the same situation. He is on medication as well but was sent to a local Nephrologist for assessment.

Did your father have to go through numerous tests or was the decision made without any further testing?

Can your father still visit on supervisa or regular visitors visa? Or is that an automatic refusal now as well?

 

[Rob_TO]

Thanks for the response to everyone that has taken the time to post.
My father had an independent consultation with a nephrologist and he was of the opinion that he was not in immediate need for dialysis. The letter was sent for cic but it was not accepted. I also claimed that he had made numerous visit to Canada in the past 5-6 years last was on a super visa in the summer of 2015 and he was not needing any dialysis at that time though he had a a travellers insurance. He is aged 75 and is still running a business and very active . If needed dialysis as claimed by CIC then how could he still be working .

Recall that CIC looks at possibility of medical excessive demand for a period of up to 10 years after the applicant would land as a PR. So even if the applicant's current situation is stable, CIC doctors may feel he would need more treatments (in this case dialysis) at some point during his first 10 years in Canada (so any age up to 85), which would then exceed the excessive demand criteria.

http://www.cic.gc.ca/english/resources/tools/medic/admiss/excessive.asp
a demand on health services or social services for which the anticipated costs would likely exceed average Canadian per capita health services and social services costs over a period of five consecutive years immediately following the most recent medical examination required under paragraph 16(2)(b) of the Immigration and Refugee Protection Act (IRPA), unless there is evidence that significant costs are likely to be incurred beyond that period, in which case the period is no more than 10 consecutive years;

 

[canuck_in_uk]

My father had an independent consultation with a nephrologist and he was of the opinion that he was not in immediate need for dialysis. The letter was sent for cic but it was not accepted. I also claimed that he had made numerous visit to Canada in the past 5-6 years last was on a super visa in the summer of 2015 and he was not needing any dialysis at that time though he had a a travellers insurance. He is aged 75 and is still running a business and very active . If needed dialysis as claimed by CIC then how could he still be working .

I was just about to post the same link and info that Rob posted.

The medical officers don't just look at the immediate needs. The refusal indicates that they determined that your father is going to need dialysis and other treatments within the next 10 years that will exceed the Excessive Demand Threshold.

 

[waichhang]

Well he had numerous test done and at the time the super visa was applied for he had to undergo a series of same test at that time they did approve the super visa which was valid for the duration of his passport validity so his super visa has also expired as he had to renew his passport.