Canadian immigration application refused on medical grounds: autistic teenager

Couple denied permanent residence despite son not immigrating to Canada.

Robert and Pauline Crowe of England have been deemed inadmissible to Canada because Robert has an autistic son – a son who he does not have primary custody of and who would never move to Canada anyway.

Lewis Crowe, 17, lives with his mother in England and has a huge network of support there. So much so, that according to his father and stepmother it would be crazy for him to move to Canada and leave his friends and the possibility of attending a British college for people with learning disabilities.

Lewis’s father has a sister living near Ottawa, who he visits from time to time on a tourist visa and recently applied for permanent resident cards for only himself and his wife – not Lewis.

Lewis’s autism now renders his father and stepmother inadmissible to Canada, and he also cannot visit Canada without permission from Citizenship and Immigration Canada.

Why was their son even considered on their permanent residence application?

Lewis is considered a dependent of the couple because he is under the age of 22. Because of this, Lewis was considered on their application despite him not needing one, and he (and his parents) were subsequently denied permanent residence because his autism could put an excessive strain on Canada’s health and social services.

So even being associated with someone with a disability can lead to denial of permanent residence, which the Council of Canadians with Disabilities is see as  “strange”.

Immigration Case Refused for Medical Reasons? You may be able to appeal.

The fact is that whether accompanying or not, your dependents, if they are medically inadmissible to Canada, will render you the same. However, the is room to appeal medical refusal cases. There is lots of jurisprudence in that area. If your case was refused for medical grounds, then I suggest you consider your appeal options.

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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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