Received Fairness Letter......Seeking guidance for reply

[joannacarla]

Hi shemrock, I have the same case with you.
My husband has undergone transplant and we are applying for FSW in Canada.
Would like to know what did you replied in your fairness letter to the VO, so I will have an idea on what to do.

Would appreciate your response..

Thank you in advance.

 

[computergeek]

Hi shemrock, I have the same case with you.
My husband has undergone transplant and we are applying for FSW in Canada.
Would like to know what did you replied in your fairness letter to the VO, so I will have an idea on what to do.

Would appreciate your response..

Thank you in advance.

In that case, the visa officer just said "it's expensive". By using cost data for the actual treatment in that specific case, it was easy to demonstrate that it was well below the excessive demand threshold.

Quebec publishes a complete formulary, along with the exact costs that they pay for those drugs. That is similar to what other provinces pay, so it's a valid basis for arguing excessive demand.

Faced with actual factual costs data, the medical officer withdrew the opinion of excessive demand.

Note that this is specific to the treatment required by the specific applicant, but the process is basically the same.

 

[joannacarla]

Hi Computer Geek thank you for the reply.

My husband is a kidney transplant patient as well.. same medication as shemrock.. but the dosage are different.. would need to calculate the cost first.

My agency advised us to look into that case because there is a possibility for us to get denied for the visa application.. Upon seeing your conversation with shemrock, I was enlightened and wanted to pursue our application, because there is a chance for us to counter their letter.. In case that we apply and received the same fairness letter, I know now what to response to the VO.

However, my other problem is if the application for NOC: 2171 is still open.. I have looked in the CIC website and the number is still at 348. But according to our agency, they have other sites that they are referring to and they said that the application cap for NOC: 2171 is already at critical level, probably around 900+ already..

Would you advice me to push through with my appllication? Any idea where can I see an updated or most accurate total number of applications for my occupation?

Thanks so much in advance. Really appreciate you replied..

 

[computergeek]

However, my other problem is if the application for NOC: 2171 is still open.. I have looked in the CIC website and the number is still at 348. But according to our agency, they have other sites that they are referring to and they said that the application cap for NOC: 2171 is already at critical level, probably around 900+ already..

The FSW numbers are always rather far behind and I have read people saying roughly what you have said: that the cap has been reached some time ago. If you submit an application and the cap is exceeded, they will return it to you without any review, but it may be 4-6 months before you hear that.

 

[bigleafbride]

Hi, I am posting this on behalf of a friend whom husband was found medically inadmissible. (excessive demand)

What supporting documentations do we need to provide to overturn the case? What specific medical records should we get from his physician? Also, how can we request a copy of the medical record from CIC?

I also would like to know if you guys know a lawyer specializing on medical inadmissibility in Toronto.

Thank you all in advance!

 

[computergeek]

Hi, I am posting this on behalf of a friend whom husband was found medically inadmissible. (excessive demand)

If the application has already been refused, the only option is to file a legal challenge in Federal Court. This must be done within 60 days of receiving the decision, generally.

If the applicant has received a fairness letter then the preliminary determination may be challenged, but will depend very much on the specific of the case.

What supporting documentations do we need to provide to overturn the case? What specific medical records should we get from his physician? Also, how can we request a copy of the medical record from CIC?

You may request the medical officer's notes via the CIC ATIP process.

What you need to rebut is very much dependent upon where they are in the process and what the medical condition is. Remember, this is about costs so there are really only a few effective lines of attack: (1) the applicant does not have the medical condition; (2) the medical officer's estimate of costs is incorrect.

I also would like to know if you guys know a lawyer specializing on medical inadmissibility in Toronto.

I know of two: Michael Battista (www.jordanbattista.com) and Mario Bellissimo (www.bellissimolawgroup.com). Both are based in Toronto, and both have track records of winning medical inadmissibility cases in court (and figure maybe one in 50 excessive demand cases ends up in court - if that many - so that means they have a good record of getting people through the process BEFORE the court is necessary).

 

[ruhee]

I am an applicant of FSW13 from Bangladesh. received medical request on 21.10.2014 and done 25.10.2014.
my son is a case of cerebral palsy and developmental delay. They asked for further test on 05-11-2014 and I submitted that on 09-12-2014. till than there is no reply and update from CIC.

I know the next response is going to be a fairness letter. I want to appoint a Canadian experienced lawyer to overcome the situation.

please response.
----------------------------------
***computergeek and shemrock****** sent you PM. pls chq.

 

[ruhee]

**************shemrock************

your inbox is full...

 

[addis]

Hello Everyone,

I have applied for PR under CEC from within Canada. My son (3.5 years old), who is with me in Canada, has received an autism spectrum diagnosis which was also mentioned in the immigration medicals last August. My wife and I are on WPs.

I am anticipating a fairness letter in the coming weeks, as our CIC application status has recently changed to "in process".

Any suggestions on how to handle this case of medical inadmissibility would be very welcome.

thanks and regards,

C.

 

[manizheh]

Hi my dear friends...and specially dear shemrock
I had kidney transplants near 8 years ago...and after my apply to canada as a quebec skilled worker and after medical test for 2 times I have received fairness letter...with my lawyer s help I sent a lot of documents and now I am waiting for the result...could you help me please what will the result be at last...I calculated the cost of my medicare that is 4000 $per year...I am worry about...I am waiting for your aid...thanks

 

[jen3014]

We received a fairness letter last July and submitted a reply at the beginning of September and have heard nothing since. Do you think this is a good sign? If they were going to refuse us, would they have done it already do you think? Our medicals were done in March last year, so I'm worried about them expiring and having to do them again. Don't know whether to contact CIC or just sit tight, the waiting around and not knowing is so hard.

I have never seen such statistics. Based upon my personal (small) sample size, it would seem that it's better than 50% for people who submit a credible response - CIC knows this is a swamp and thus they try very hard to avoid getting into it.

The Companioni decision established that insurance could be used as an important factor for mitigation (though in their specific case they didn't have the insurance yet and thus the plan was "inchoate"). I presented 100% coverage (two employer provided plans, one of which was a PHSP that is a non-discretionary health savings plan that pays any medical expense as defined by CRA, and one private plan - that was paid for via the PHSP) with a total coverage level of ~$68k and was still refused. Then again, when we challenged in Federal Court the court granted the application for leave (which means they agreed to hear the case) and the medical officer was left making up post facto explanations for why she ignored the insurance entirely ("I was not convinced that it would cover in this case"). That's probably why my second application was granted so quickly.

I worked with an attorney who indicated to me that he routinely was able to assist people in obtaining a reconsideration of a fairness letter. Indeed, he was shocked when I was refused, as I had an extremely strong mitigation plan.

From what you've said you do have a strong case. You should submit it. But if you want to reserve the ability to challenge a negative decision, I'd suggest working with an attorney specializing in excessive demand medical inadmissibility because they can also frame information that would be suitable for legal arguments.

If you have 100% employer funded insurance and sign off on the declaration of ability and intent there is no reason for them not to find you admissible.

 

[computergeek]

We received a fairness letter last July and submitted a reply at the beginning of September and have heard nothing since. Do you think this is a good sign? If they were going to refuse us, would they have done it already do you think? Our medicals were done in March last year, so I'm worried about them expiring and having to do them again. Don't know whether to contact CIC or just sit tight, the waiting around and not knowing is so hard.

Once a case falls outside of routine processing, CIC seems to process it very slowly. In my case, I submitted a response in July and received a decision (refusal) in December (so approximately 5 months). You should really be hearing something. In the interim, I'd encourage you to also order your electronic case notes (GCMS notes) as well as your medical records/notes.

Medicals can be extended by the VO, but they really aren't concerned that it will cost YOU additional money. The condition subject to the fairness letter will not be re-examined, though if they find a new issue it can lead to a new round of medical furtherance and fairness letters, though that's rare.

Good luck!

 

[canada4gud]

Thanks for the reply.

I have already written to VO to send me explicit and detailed information as what and how it constitutes medical inadmissibility but he has not replied for nearly a month.

The dosage at the time of medical done and price from Qubec publishing is as:-

*Prednisolone 5 mg X 1 OD ( Found no clear price) Still I calculate $ 0.50 X 365 = 182.5
*Pangraf 1 mg X 1 BD ( Generic version of Prograf ): $2.50 per unit( means $5 X 365 days = $ 1825 ), Now the specialist has curtailed dose to 0.50 mg X 1 BD, still I calculate at previous dose)
*Myfortic 360 mg X 1 TDS) : $4.00 per unit ( means $ 12 X 365 days =$ 4380 ).
* Irbesarton 150 mg ( Found no price ) Still I calculate $ 1.00 X 365 days = $365

Therefore, total works out to be as: $7117.50 as against threshold of $ 6285 but OHIP does not bear the cost of prescription drugs and even in TDP it is available on co-payment basis.

However the cost of the said drugs as checked from online pharmacies in canada has much lower quotations (USD) as:-

NorthWestPharmacy--
Tacrolimus Generic $1.11 / Myfortic 360 mg Generic $2.11 / Prednisolone Generic $ 0.14

Online Pharmacy Canada :
Tacrolimus Generic $1.83 /Myfortic 360 mg Branded $2.54 / Prednisolone Generic $0.48

BlueSky Drug:
Tacrolimus Generic $ 1.28 / Myfortic 360 mg Branded $ 3.33/ Prednisolone Generic $ 0.25

Canada Pharmacy king :
Tacrolimus Generic $ 1.22 /Prednisolone Generic $ 0.18

Maple Leaf Meds :Myfortic 360 mg Branded $ 1.56

CanDrugStore.com :Myfortic 360 mg Branded $ 2.68

Therefore, considering generics of Tacrolimus, Prednisolone, Isbesarton and Branded Myfortic( of Novatis), the cost works out to be below $5500.




Kindly advise.
Thanks
Shemrock

Hello Shemrock

I wonder how you presented the cost of your medications, did you use the Canadian pharmacy cost or the Quebec formulary cost?

We are also formulating our reply to the fairness letter for my son who is HIV positive.

Can we use these generic drugs rather than that of the branded one although it is also listed in Quebec pricing?

A mother here needs you advice. Thank you very much.

 

[jen3014]

Once a case falls outside of routine processing, CIC seems to process it very slowly. In my case, I submitted a response in July and received a decision (refusal) in December (so approximately 5 months). You should really be hearing something. In the interim, I'd encourage you to also order your electronic case notes (GCMS notes) as well as your medical records/notes.

Medicals can be extended by the VO, but they really aren't concerned that it will cost YOU additional money. The condition subject to the fairness letter will not be re-examined, though if they find a new issue it can lead to a new round of medical furtherance and fairness letters, though that's rare.

Good luck!

We finally got an email from CIC yesterday, no mention of the procedural fairness or anything but looking for updated versions of forms previously submitted and also our names, date of birth, passport no. Expiry date, height and eye color. I'm thinking this must be good news as if we hadn't over come the medical issue they would just refuse our application and not look for anything else. The height, eye color and passport info are all on the application forms so not sure why they want it separately as well. But fingers crossed it's good news and another step closer.

 

[computergeek]

We finally got an email from CIC yesterday, no mention of the procedural fairness or anything but looking for updated versions of forms previously submitted and also our names, date of birth, passport no. Expiry date, height and eye color. I'm thinking this must be good news as if we hadn't over come the medical issue they would just refuse our application and not look for anything else. The height, eye color and passport info are all on the application forms so not sure why they want it separately as well. But fingers crossed it's good news and another step closer.

Does your e-CAS say "medical results have been received"?