• Document: Excessive Demand on Health and Social Services under Immigration and Refugee Protection Act
  • Size: 692.47 KB
  • Uploaded: 2019-02-13 16:20:20
  • Status: Successfully converted


Some snippets from your converted document:

Excessive Demand on Health and Social Services under Immigration and Refugee Protection Act CANADIAN BAR ASSOCIATION IMMIGRATION LAW SECTION March 2017 500-865 Carling Avenue, Ottawa, ON, Canada K1S 5S8 tel/tél : 613.237.2925 | toll free/sans frais : 1.800.267.8860 | fax/téléc : 613.237.0185 | info@cba.org | www.cba.org PREFACE The Canadian Bar Association is a national association representing 36,000 jurists, including lawyers, notaries, law teachers and students across Canada. The Association's primary objectives include improvement in the law and in the administration of justice. This submission was prepared by the Immigration Law Section, with assistance from the Legislation and Law Reform Directorate at the CBA office. The submission has been reviewed by the Legislation and Law Reform Committee and approved as a public statement of the Immigration Law Section. Copyright © 2017 Canadian Bar Association TABLE OF CONTENTS Excessive Demand on Health and Social Services under the Immigration and Refugee Protection Act I. INTRODUCTION ............................................................... 1 II. PRIORITIES AND PROCESSES ...................................... 2 III. RESOLVING LIMITATIONS ON APPLICATION OF EXCESSIVE DEMAND POLICY ....................................... 3 A. Threshold for medical inadmissibility ......................................... 3 B. Distinct roles of Medical and Immigration Officers ..................... 5 C. Procedural fairness letters ......................................................... 7 D. IRCC website ............................................................................ 7 E. Other suggestions from interviewees in the IRCC Report .......... 8 IV. REDUCING THE NUMBER OF OVERTURNED CASES ............................................................................ 10 V. ENFORCING MITIGATION PLANS ................................ 10 A. Existing monitoring and enforcement mechanisms .................. 11 B. Proposed monitoring and enforcement mechanisms ............... 11 VI. CONCLUSION ................................................................ 17 VII. SUMMARY OF RECOMMENDATIONS .......................... 17 Excessive Demand on Health and Social Services under the Immigration and Refugee Protection Act I. INTRODUCTION The Immigration Law Section of the Canadian Bar Association (CBA Section) appreciates the opportunity to comment on Immigration, Refugees and Citizenship Canada’s (IRCC) review of the current assessment process for cases involving excessive demand on health and social services, in section 38(1)(c) of the Immigration and Refugee Protection Act (IRPA). 1 This review is based on IRCC’s November 2015 report, Evaluation of the Health Screening and Notification Program (the IRCC Report). 2 The CBA is a national association of over 36,000 members, including lawyers, notaries, academics and law students, with a mandate to seek improvements in the law and the administration of justice. The CBA Section has approximately 1,000 members practicing all areas of immigration law. Our members deliver professional advice and representation in the Canadian immigration system to clients in Canada and abroad. A medical inadmissibility finding has a serious consequence, barring entry to Canada for foreign nationals, ranging from family class applicants to temporary workers and economic migrants. It can hinder family reunification and have significant consequences for Canadian businesses. However, a decision made in error could also lead to the admission of individuals whose medical conditions result in excessive demands on Canadian health and social services. Our comments on the Health Screening and Notification Program (the HSN Program) begin with our understanding of IRCC’s current priorities and processes, and then focus on the three main issues outlined in the IRCC Report: 1. resolving limitations on operationalizing excessive demand policy; 2. reducing the number of overturned excessive demand cases; and 3. enforcing mitigation plans. 1 See Immigration and Refugee Protection Act, SC 2001, c 27, available online (http://ow.ly/EfyV309RLHT) 2 See Immigration, Refugees and Citizenship Canada, Evaluation of the Health Screening and Notification Program (November, 2015), available online (http://ow.ly/jkEE309RLK3) Page 2 Submission on Excessive Demand on Health and Social Services under IRPA We do not comment on improving the

Recently converted files (publicly available):