Generally speaking, people who are HIV+ are inadmissible to Canada because their illness will result in a disproportionate burden to Canada's health care system. In fact, if a person has any illness which will probably cost more than an average Canadian costs in health care dollars over the next five years, he or she is "medically inadmissible".
But in Ovalle v Canada the Federal Court has said that if the immigrant can show that he has another way to fund his medical care, he is not 'medically inadmissible'.
In Ovalle v Canada [2012] FCJ No 523, Mr. Ovalle had demonstrated that although he was HIV+ and would require about $18,000 per year in care, he would not cost the Canadian health care system disproportionately. His doctor said he would probably enjoy good health for the next 5-10 years. A non-profit group called "Aid for AIDS International" said it would provide free antiretroviral medication even after Mr. Ovalle moved to Canada. Mr. Ovalle's prospective Canadian employer said he would be covered under the firm's health care plan for at least $1500 per year. Mr. Ovalle agreed to assume responsibility for the social services he would need in Canada.
But in Ovalle v Canada the Federal Court has said that if the immigrant can show that he has another way to fund his medical care, he is not 'medically inadmissible'.
In Ovalle v Canada [2012] FCJ No 523, Mr. Ovalle had demonstrated that although he was HIV+ and would require about $18,000 per year in care, he would not cost the Canadian health care system disproportionately. His doctor said he would probably enjoy good health for the next 5-10 years. A non-profit group called "Aid for AIDS International" said it would provide free antiretroviral medication even after Mr. Ovalle moved to Canada. Mr. Ovalle's prospective Canadian employer said he would be covered under the firm's health care plan for at least $1500 per year. Mr. Ovalle agreed to assume responsibility for the social services he would need in Canada.
RSS Feed
