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Res.1 |
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med
from
無回答 2006/06/14 13:51:59
Immigration and Refugee Protection Act
PART 1: IMMIGRATION TO CANADA
DIVISION 4: INADMISSIBILITY
Health grounds
38. (1) A foreign national is inadmissible on health grounds if their health condition
(a) is likely to be a danger to public health;
(b) is likely to be a danger to public safety; or
(c) might reasonably be expected to cause excessive demand on health or social services.
Exception
(2) Paragraph (1)(c) does not apply in the case of a foreign national who
(a) has been determined to be a member of the family class and to be the spouse, common-law partner or child of a sponsor within the meaning of the regulations;
(b) has applied for a permanent resident visa as a Convention refugee or a person in similar circumstances;
(c) is a protected person; or
(d) is, where prescribed by the regulations, the spouse, common-law partner, child or other family member of a foreign national referred to in any of paragraphs (a) to (c).
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Res.2 |
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by
無回答
from
無回答 2006/06/16 04:33:26
Overseas Processing (OP)
OP 2 Processing members of the family class
5.19. Medical requirements
Members of the family class are medically inadmissible if they or their family members are likely to
be a danger to public health or to public safety or if their admission might reasonably be expected
to cause excessive demands on health or social services [A38(1)]. See Exceptions to medical
inadmissibility, Section 5.20 below.
Instructions on medical examinations can be found in OP 15. That chapter also explains how to
interpret medical results to determine if the applicant is medically admissible and the steps to take
before informing applicants that they are refused for medical reasons.
If a member of the family class or a family member is found to be inadmissible for medical
reasons, and no new information is provided (see OP 15), the application should be refused.
5.20. Exceptions to medical inadmissibility
A38(2)(a) states that spouses, common-law partners and dependent children who are members of
the family class are not inadmissible even if they have a medical condition that will result in
excessive demand to health or social services.
R24 provides further exemption from medical inadmissibility that might reasonably be expected to
cause excessive demand on health or social services for conjugal partners and children to be
adopted.
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