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.

L’Enquête sur la participation et les limitations d’activités (EPLA) de Statistique Canada est la plus importante et la plus complète source de statistiques sur les personnes handicapées au Canada; elle est considérée comme un modèle pratique au niveau international.

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.

Le Conseil des Canadiens avec déficiences s’est réuni fin janvier à Ottawa et, parmi les dossiers pressants inscrits à l’ordre du jour, a exploré l’impact des nouvelles mesures de sécurité sur les voyageurs handicapés. Le CCD saisit parfaitement l’importance de la sécurité. Mais il estime également que le Canada doit appliquer les mesures de sécurité selon une procédure respectant les principes de droits de la personne et d’accessibilité universelle.

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.