携艾滋华人团聚移民被拒，上诉联邦法院获重审。他的两名女儿均为加拿大公民，居住在渥太华
- 主题发起人 HONESTMAN
- 开始时间
- 注册
- 2003-09-30
- 消息
- 79,533
- 荣誉分数
- 23,888
- 声望点数
- 1,373
矮马，你忒熬讷斯特蛮了
ljyj
资深人士
- 注册
- 2015-03-22
- 消息
- 3,898
- 荣誉分数
- 847
- 声望点数
- 223
我相信他上述会成功。 移民局的做法有违人性，与加拿大主流价值观不符。 祝他成功。
2018
知名会员
- 注册
- 2014-12-15
- 消息
- 739
- 荣誉分数
- 292
- 声望点数
- 173
没文化, 真可怕 ...
移民被拒是因为要从公共医疗费用的问题考虑出发。 这跟游泳馆，传染没有关系。 这知识水平真是。。。
玉儿
知名会员
- 注册
- 2015-03-25
- 消息
- 1,306
- 荣誉分数
- 322
- 声望点数
- 193
因为有像楼主这样的华人怕华人艾滋病患者传染。
- 注册
- 2003-11-24
- 消息
- 36,446
- 荣誉分数
- 9,662
- 声望点数
- 373
其他也就算了， 但是游泳。。。。 艾滋病毒很脆弱的， 加了漂白水的水池里， 活不了多久。
- 注册
- 2004-12-11
- 消息
- 18,909
- 荣誉分数
- 4,302
- 声望点数
- 373
https://www.cocqsida.com/ressources...rson-living-with-hiv-immigrate-to-canada.html
1. Permanent residency
The following are the recognized categories of people eligible to apply for permanent residency: qualified workers, business people, and specified family members of a person who already has permanent resident status (for example: spouse, common-law partner, dependent children…).
1.1 Medical examination
All applicants for permanent residency in Canada over 15 years of age are required to undergo an immigration medical examination, including an HIV test.
A positive HIV test result can make it difficult for a person to immigrate permanently to Canada. Essentially, while Canadian laws and policies don’t mention HIV specifically, they do allow for an application to be refused on the grounds of medical inadmissibility.
The refusal of permanent residency on medical grounds can be justified by one of the following two criteria:
1.2 The Excessive demands on health or social services
“Excessive demand” is used by immigration authorities to refuse permanent residency to people living with HIV on medical grounds. In concrete terms, this criteria means that Canada does not wish to spend more on health or social services for permanent resident applicants than what is already spent on average for Canadian residents.
The final assessment of the application therefore comes down to financial considerations. Given the high cost of the antiretrovirals and medical care needed by people living with HIV, those who apply to become permanent residents represent, for Immigration Canada, a potential “excessive demand on health or social services.”
It is equally important to know that the idea of “excessive demand” doesn’t look solely at the current health of the applicant, but also at their potential long-term healthcare needs. Therefore, the question that immigration authorities will ask is: will this applicant represent an excessive demand on health or social services over the course of the next ten years? The fact that a person does not require care and/or help at the time of application is irrelevant; the calculation looks beyond current costs, and assesses all foreseeable costs that a person could engender. As a result, if it is determined that you have a higher than average risk of being hospitalized or that your medical needs will become too costly in the ten years following your application, the application could be refused.
1.3 A ray of hope
On December 31, 2009, the Federal Court made a ruling that requires the government to examine the possibility of a person subsidizing their own medical costs (through private insurance or insurance in their home country).
The Court concluded: “The ability and willingness of applicants to defray the cost of their out-patient prescription drug medication is a relevant consideration in assessing whether the demands presented by an applicant’s health condition constitute an excessive demand.”
Citizenship and Immigration Canada (CIC) must henceforth consider this willingness and ability to pay. Applicants will, however, be asked to supply a realistic and credible mitigation plan explaining how they intend to cover medication costs. The quality of the mitigation plan is the most important element in evaluating the applicant’s ability and intentions, and should portray the actual needs of the person concerned.
In 2010, the Federal Court made another ruling requiring the government to examine any circumstances specific to the applicant, which might prevent a simple, general conclusion from being reached. Immigration authority physicians are now required to individually evaluate each medical file, the medications needed, and the applicant’s eligibility for private insurance and/or their ability to opt-out of the drug insurance plan funded by the province or territory where the applicant intends to reside.
For this reason, a mitigation plan is critical for immigration candidates living with HIV.
1 Since 1991, Citizenship and Immigration Canada (CIC) does not consider HIV-positive status to be a danger to public health or security. See the CIC web page entitled “Danger to Public Health or Public Safety”. See also article 17.2 of the CIC document “ENF4 – Port of Entry Examinations”.
1. Permanent residency
The following are the recognized categories of people eligible to apply for permanent residency: qualified workers, business people, and specified family members of a person who already has permanent resident status (for example: spouse, common-law partner, dependent children…).
1.1 Medical examination
All applicants for permanent residency in Canada over 15 years of age are required to undergo an immigration medical examination, including an HIV test.
A positive HIV test result can make it difficult for a person to immigrate permanently to Canada. Essentially, while Canadian laws and policies don’t mention HIV specifically, they do allow for an application to be refused on the grounds of medical inadmissibility.
The refusal of permanent residency on medical grounds can be justified by one of the following two criteria:
- The person’s health condition is deemed to represent “a danger to the health or safety of the public.” However, immigration authorities no longer apply this designation to people living with HIV.1
- The person is determined to represent “excessive demands on health or social services” in Canada.
- If you’ve applied as a refugee.
- If you have been sponsored as the spouse or dependent child of a Canadian citizen or permanent resident.
1.2 The Excessive demands on health or social services
“Excessive demand” is used by immigration authorities to refuse permanent residency to people living with HIV on medical grounds. In concrete terms, this criteria means that Canada does not wish to spend more on health or social services for permanent resident applicants than what is already spent on average for Canadian residents.
The final assessment of the application therefore comes down to financial considerations. Given the high cost of the antiretrovirals and medical care needed by people living with HIV, those who apply to become permanent residents represent, for Immigration Canada, a potential “excessive demand on health or social services.”
It is equally important to know that the idea of “excessive demand” doesn’t look solely at the current health of the applicant, but also at their potential long-term healthcare needs. Therefore, the question that immigration authorities will ask is: will this applicant represent an excessive demand on health or social services over the course of the next ten years? The fact that a person does not require care and/or help at the time of application is irrelevant; the calculation looks beyond current costs, and assesses all foreseeable costs that a person could engender. As a result, if it is determined that you have a higher than average risk of being hospitalized or that your medical needs will become too costly in the ten years following your application, the application could be refused.
1.3 A ray of hope
On December 31, 2009, the Federal Court made a ruling that requires the government to examine the possibility of a person subsidizing their own medical costs (through private insurance or insurance in their home country).
The Court concluded: “The ability and willingness of applicants to defray the cost of their out-patient prescription drug medication is a relevant consideration in assessing whether the demands presented by an applicant’s health condition constitute an excessive demand.”
Citizenship and Immigration Canada (CIC) must henceforth consider this willingness and ability to pay. Applicants will, however, be asked to supply a realistic and credible mitigation plan explaining how they intend to cover medication costs. The quality of the mitigation plan is the most important element in evaluating the applicant’s ability and intentions, and should portray the actual needs of the person concerned.
In 2010, the Federal Court made another ruling requiring the government to examine any circumstances specific to the applicant, which might prevent a simple, general conclusion from being reached. Immigration authority physicians are now required to individually evaluate each medical file, the medications needed, and the applicant’s eligibility for private insurance and/or their ability to opt-out of the drug insurance plan funded by the province or territory where the applicant intends to reside.
For this reason, a mitigation plan is critical for immigration candidates living with HIV.
1 Since 1991, Citizenship and Immigration Canada (CIC) does not consider HIV-positive status to be a danger to public health or security. See the CIC web page entitled “Danger to Public Health or Public Safety”. See also article 17.2 of the CIC document “ENF4 – Port of Entry Examinations”.
- 注册
- 2003-09-30
- 消息
- 79,533
- 荣誉分数
- 23,888
- 声望点数
- 1,373
- 注册
- 2012-09-04
- 消息
- 64,343
- 荣誉分数
- 11,952
- 声望点数
- 1,373