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Visa refused on Medical grounds twice

Only4clman

Newbie
Feb 2, 2010
3
0
My father had applied for a visitor visa to meet us in Canada.
His visa got stalled the first time saying that he needs to get a medical exam done
We assumed that it was because of his age (he's 65+)

He went through the whole exercise and visa got rejected due to some issue which the medical officer raised. This required a fresh round of tests to be done which required some samples to be cultured etc etc.

Now my father about 20 yrs back had an ailment called Silicosis which affects the lungs and even though the ailment is not present anymore his X rays look botched like that of TB which I'm assuming is the reason why the Visa got refused the second time (ofcourse I might be wrong)

what I wante to ask the group is
1. Is there a way the decision can be challenged? What is the process for the same?
2. Is there a way the results can be made available to us? We would want to get a second opinion?
3. Any other suggestions which someone might have?

Thanks
J
 

job_seeker

VIP Member
Jul 27, 2009
4,539
83
Only4clman said:
My father had applied for a visitor visa to meet us in Canada.
His visa got stalled the first time saying that he needs to get a medical exam done
We assumed that it was because of his age (he's 65+)

He went through the whole exercise and visa got rejected due to some issue which the medical officer raised. This required a fresh round of tests to be done which required some samples to be cultured etc etc.

Now my father about 20 yrs back had an ailment called Silicosis which affects the lungs and even though the ailment is not present anymore his X rays look botched like that of TB which I'm assuming is the reason why the Visa got refused the second time (ofcourse I might be wrong)

what I wante to ask the group is
1. Is there a way the decision can be challenged? What is the process for the same?
2. Is there a way the results can be made available to us? We would want to get a second opinion?
3. Any other suggestions which someone might have?

Thanks
J
Have your father undergo sputum culture/test to make sure it is not TB. Once it's clear it is not TB then apply again and attach a cover letter explaining the steps you did to make sure it is not TB, and the medical certificate signed by the doctor. There is no way an application for a visitor visa can be challenged because being allowed to visit is a privilege and not a right.
 

Only4clman

Newbie
Feb 2, 2010
3
0
The thing is that he already went through the culture test but they did not share the results with my father.
I'm thinking to go to the hospital and see if they can share the results with us and accordingly we can decide.

However from what you seem to be suggesting is that we get a sputum culture test done from outside and attach the certificate along with and then put in a fresh application. Correct?

Even if we do that would the consulate even consider the reports? Rather would they not ask us to take the tests again from the centers which they approve?
 

job_seeker

VIP Member
Jul 27, 2009
4,539
83
Only4clman said:
The thing is that he already went through the culture test but they did not share the results with my father.
I'm thinking to go to the hospital and see if they can share the results with us and accordingly we can decide.

However from what you seem to be suggesting is that we get a sputum culture test done from outside and attach the certificate along with and then put in a fresh application. Correct? Yes

Even if we do that would the consulate even consider the reports? Rather would they not ask us to take the tests again from the centers which they approve?
CIC will still request for a medical but at least you have shown that you did the test (from a reputable hospital). CIC will not endanger the citizens of Canada and TB (if it is what they suspect it is) will endanger the health of the public.
 

rk2009

Hero Member
Nov 22, 2009
235
22
Toronto, Canada
Category........
Visa Office......
Was Buffalo now NY
NOC Code......
0213
Job Offer........
Pre-Assessed..
App. Filed.......
17-11-2008
AOR Received.
18-03-2009
File Transfer...
28-10-2009
Med's Request
30-11-2009
Med's Done....
22-12-2009
Interview........
Waived
Passport Req..
25-1-2010
VISA ISSUED...
12-2-2010
LANDED..........
30-04-2010
Hmm,

This worries me a bit too (father aged 65+) would they ask for medical test for everyone?
 

job_seeker

VIP Member
Jul 27, 2009
4,539
83
rk2009 said:
Hmm,

This worries me a bit too (father aged 65+) would they ask for medical test for everyone?
From my own experience and the experiences of the people I know, there were no medicals requested prior to the granting of visitor visa, and one of them is 70 years old.
 

toby

Champion Member
Sep 29, 2009
1,671
105
Category........
Visa Office......
Hong Kong
Job Offer........
Pre-Assessed..
App. Filed.......
November 2009
Med's Done....
October 2009 and 15 April 2011
Interview........
4 April 2011
Passport Req..
4 April 2011
VISA ISSUED...
7 July 2011
LANDED..........
15 July 2011
Only4clman:

In light of one post saying that a 70 year-old was not asked for a medical, it seems it is not routine to ask older people for medicals. So, can you suggest any reason why your father WAS asked for a medical?
 

PMM

VIP Member
Jun 30, 2005
25,494
1,950
Hi

toby said:
Only4clman:

In light of one post saying that a 70 year-old was not asked for a medical, it seems it is not routine to ask older people for medicals. So, can you suggest any reason why your father WAS asked for a medical?
1. If the OP father was from one of the following designated countries http://www.cic.gc.ca/english/information/medical/dcl.asp and was going to stay for 6 months or more. He would require a medical.

PMM
 

starzibal

Hero Member
Dec 30, 2009
827
26
Toronto
PMM said:
Hi

1. If the OP father was from one of the following designated countries http://www.cic.gc.ca/english/information/medical/dcl.asp and was going to stay for 6 months or more. He would require a medical.

PMM
so it means, they only require it if applicant wish to stay 6 or more months, that means if less than 6 month, medical not required.
 

Only4clman

Newbie
Feb 2, 2010
3
0
toby said:
Only4clman:

In light of one post saying that a 70 year-old was not asked for a medical, it seems it is not routine to ask older people for medicals. So, can you suggest any reason why your father WAS asked for a medical?
So this is very interesting - My father/mother -
1. Are not above 70
2. They applied for a 5 and 1/2 month visa (and not a 6 month visa)
3. They do not have any medical ailments right now so the form did not mention that too

Maybe they consider 5 & 1/2 months as 6 only and hence asked him for a test however in the past my mother applied for a visa 5 month and few days and she got a visa for that limit only.

Hence this action from the consulate actually confuses me.

From what I think considering the current scenario which I have at my disposal. I think that what I need is to get a personal appearance with someone in the consulate and explain the case to him. Apart from that even if my father applies again right away (I'm not sure if he can apply right away too) I think this application will go the same route.

Does anyone else have any other suggestions or knows if getting a personal appointment possible with the consulate?