English

4 March 2009

TO: All Members of Parliament

RE: Immigration and Disability

CCD seeks to keep you informed on issues of concern to persons with disabilities. In 2008, we forwarded you three articles—a short piece on our National Action Plan on Disability, an overview of our concerns related to the Robert Latimer case and an article highlighting the issue of disability and immigration.

Facts

This appeal focused on the interpretation s. 97(1)(b)(iv) of the Immigration and Refugee Protection Act, which excludes refugee protection from a risk to life caused by the “inability [of a claimant’s country of nationality] to provide adequate health or medical care.”

Facts

Facts

The Applicant applied under the "entrepreneur" category prior to June 2002, and, although he was found to qualify, he was found to be inadmissible, pursuant to s. 38(1) of the Immigration and Refugee Protection Act (IRPA). On the basis of medical evidence, the Officer found that Mr. Lee’s health conditions, which included polycystic kidney disease, hypertension, moderate mitral regurgitation and chronic renal failure, would reasonably be expected to cause "excessive demands" on Canada's health services.

Facts

The Hilewitz Family

David Hilewitz of South Africa applied for permanent residence in Canada under the investor category. Mr. Hilewitz’s son, Gavin, was diagnosed with an intellectual disability. Gavin was examined by a medical officer and due to his disability, was deemed inadmissible under s. 19(1)(a)(ii) of the Immigration Act. It was found that Gavin would require use of a variety of social services and special education.

Immigration Rules

Immigration to the United States of America is governed by the Immigration and Nationality Act (INA).

Immigration to Australia is governed by the Migration Act, which is explicitly exempted from the Disability Discrimination Act. While disability discrimination is against the law in Australia, the Department of Immigration and Multicultural Affairs (DIMA) is exempted from this law when dealing with potential migrants and refugees with disability.

Health Requirements

The United Kingdom’s Immigration Rules

The United Kingdom’s Immigration Rules outline possible medical grounds of exclusion for visa applicants. Rule 36 provides for an Immigration Officer to refer any person seeking entry to the UK to a Medical Inspector at the port of entry for medical examination and to refuse entry if the person is not cleared. Usually, only persons intending to remain in the UK for 6 months or more are required to have medical clearance.

Statistics Canada’s Participation and Activity Limitation Survey (PALS) is the most important and comprehensive source of disability statistics in Canada and is seen as a best practice model internationally. CCD is concerned that Human Resources Skills Development Canada (HRSDC) has not yet committed funding for a PALS for the 2011 census.

The Council of Canadians with Disabilities (CCD) met in Ottawa in late January. One of the topics of concern was the impact that new security measures will have on travelers with disabilities. CCD understands the need for security; however, we also believe that Canada's security measures should be implemented in a manner that respects human rights principles and the principles of universal design.