Federal Court of Appeal Rules Illegal Immigrant Has No Right to Free Health Care

Illegal immigrant can’t get health care because she didn’t pay application fees

A Grenadian woman who came to Canada in 1999 and remained in Toronto after her visitor visa expired has been denied free health care by the Federal Court of Appeal, according to an article in the Globe and Mail.

As the woman’s health began to decline, by 2006 she was seriously ill – and the hospital and doctor’s bills kept adding up. She applied for free health care, but was denied. Just recently, the Federal Court of Appeal denied her second appeal of the decision – also acknowledging that the woman being left untreated could result in her death.

While the Federal Court of Appeal has ruled that illegal immigrants have no right to free health care, the woman had applied for a temporary residence permit that would qualify her for free health care. This free health care is meant to assist people who immigrate to Canada legally, however, she didn’t pay the fees associated with the application and therefore her application was not processed.

Woman could still get free health care if immigration application approved

Immigrants that are waiting for their applications to be processed can qualify for free health care if they apply for it, but by not paying her fees the woman was not considered to be currently being “handled” by Canada’s immigration system. A different court suggested the government waive the fees on her initial application, which could result in the application being accepted eventually and grant her free health care.

This case proves why paying your application fees and submitting your immigration applications with all of the required paperwork is extremely important.

Any information provided here does not constitute legal advice and is intended for general information only. Should you require legal advise, you are encouraged to contact a lawyer directly. All blog postings are public and are not subject to solicitor/client confidentially. Case results depend on a variety of factors unique to each case, and case results do not guarantee or predict a similar result in any further case undertaken by the lawyer.

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About Fadi Minawi

Fadi is a graduate of the University of Toronto and the University of Toledo College of Law. He is called to the New York State Bar and is registered as a Foreign Legal Consultant with the Law Society of Upper Canada. He is a member of the American Immigration Lawyers Association (AILA) and is currently serving as the Media Liaison for the Canadian Chapter of AILA. Fadi has extensive experience in US immigration matters and is the firm’s lead in the area of US immigration. He is specialized in corporate and family immigration, as well as issues dealing with US inadmissibility.

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