On April 7,2016, Mr. Warkentin submitted an application for permanent residenceunder the provincial nomineecategory for his family which included his spouse and dependent children. All potential permanent residents (PR) are require d to undergo a medical examination as part of their application process to come to Canada.
In November 2016, Mr. Warkentin’s daughter Karalynn was assessed to be medically inadmissible due to Global Developmental Delayand ADHD, conditions which might reasonably be expected to cause excessive demand on health and/or social services in Canada. A procedural fairness letter for social services was sent, requesting that Mr.Warkentin, as the primary applicant, provide a plan to mitigate the excessive demand on special education as well as speech, language and behaviour therapy.
As the officer assessing the application was not satisfied that the proposed plan would overcome the identified excessive demand, on April 3, 2017 the officer ruled that Karalynn was inadmissible and Mr.Warkentin’s PR application was refused.
On April 19,2017, Immigration, Refugees and Citizenship Canada (IRCC) received a request for reconsideration of the refusal, via email. The officer reviewed the reconsideration request and on May 2, 2017 determined that as no additional medical documentation, information or reports were submitted, the decision to refuse the PR application was maintained.
Such decisions are not arrived at lightly. However, IRCC must maintain a balance between welcoming new members into Canadian society while also protecting our publicly funded health and social services.
Mr. Warkentin has filed an application for leave and judicial review of the negative reconsideration decision.
Mr. Warkentin and his family continue to hold temporary resident status in Canada until November 24, 2017.
