Process for medical refusals

In the case of an IMM 5365B with a medical profile of inadmissibility, applicants must be permitted to respond. The following procedure must be followed:

• The medical officer will send a copy of the medical record (not including x-rays) and the Medical Notification (IMM 5365B) to the visa/immigration officer.
• If the health condition of the applicant, or the applicant’s family member, is likely to cause a danger to public health or public safety, the visa/immigration officer will notify the principal applicant of the medical results using the model Procedural Fairness Letter - medical refusals .
  • For more information, see the section on Danger to Public Health and Public Safety
• If the health condition of the applicant, or the applicant’s family member, might reasonably cause excessive demand on health (i.e., out-patient medication) and/or social services, and notify the applicant by using the model Procedural Fairness Letter (medical refusal excessive demand cases) and provide the applicant with the Declaration of Ability and Intent template.
  • For more information, see section on Excessive Demand on Health and Social Services
• A minimum of sixty (60) days from the date of the above-referenced letter of notification must be allowed to permit the applicant to respond.
• The visa/immigration officer will forward any new information provided by the applicant to the appropriate medical officers, using the form Letter to Medical Officer (from Visa/Immigration Officer) about New Medical Information in Procedural Fairness Cases.
• If the applicant does not supply additional documentation or information within the time allowed, the visa/immigration officer will refuse the application.

Applicants must:

• provide any additional documentation or information that may be relevant to their application;
• pay any fees charged by doctors or other professionals they may consult in order to submit additional information;
• respond to the visa office within the time allotted.

If the applicant provides new information within the 60-day period challenging the medical opinion and/or providing a mitigation plan, the medical officer will review the new information under Procedural Fairness and either:

• confirm the initial medical opinion; or
• withdraw the existing medical opinion and reopen the assessment process leading to a new medical opinion.