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ASHMAJ

Newbie
Dec 31, 2016
5
0
Hi
I sponsored my parents with two dependent brother in February 2010 and I passed sponsored eligibility in 2013. My both brother have HIV with viral load 0 and hepatitis be antigen 9.0. i ordered GCMS notes today and sad news is it says under one of my bother medical notes that "Has a condition that might be reasonably be expected to cause excessive demands on health an social service to such an extent that is inadmissible under section 38(1)(c)." please if someoe can help what exactly its means and will my parents get fairness letter and can we fight against this?/// they did medical in August 2016. his medical status is ready to be assesed but reason of closure: Not Granted???
 
Nothing you can do! HIV is no joke and he will cost 1000s of dollars to healthcare.
 
ASHMAJ said:
Hi
I sponsored my parents with two dependent brother in February 2010 and I passed sponsored eligibility in 2013. My both brother have HIV with viral load 0 and hepatitis be antigen 9.0. i ordered GCMS notes today and sad news is it says under one of my bother medical notes that "Has a condition that might be reasonably be expected to cause excessive demands on health an social service to such an extent that is inadmissible under section 38(1)(c)." please if someoe can help what exactly its means and will my parents get fairness letter and can we fight against this?/// they did medical in August 2016. his medical status is ready to be assesed but reason of closure: Not Granted???

Hi

If IRCC believes he is medically inadmissible, they will send a procedural fairness letter. It will then up to you guys to prove that the costs of treating his condition will not exceed the Excessive Demand Threshold.

At this point, you need to just wait and see what they say. If they do send a fairness letter, you should hire a lawyer experienced in medical inadmissibility. You could also contact forum member computergeek, who has significant experience in medical inadmissibility.
 
I would also search for old threads on this forum using the words "fairness" and "HIV". I think you'll find a lot of good information.

Agreed this is not a do it yourself. Hire a good lawyer to held you respond to the fairness letter that's coming.

Note that if your brother is refused, the entire application will be refused.
 
Note that if the entire application is refused due to medical excessive demand criteria, then you can always try to sponsor your parents again after your brothers are past the qualifying age of dependents so their medical condition would no longer count against your parents.
 
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