Canada immigration regulations blur when sickness involved

Renewing questions on when and if a potential immigrant’s health issues should bar the candidate from immigrating, the Canadian Federal Court has overturned a government resolution to keep a Panamanian man from entering the country due of the possible financial burden to the Health Department from his HIV infection.

Nestor Ovalle holds an employment offer from an accounting company in Toronto and qualified for an entry visa under the skilled-worker scheme. However, he was denied permanent residency, since his $18,000 per year in anti-retroviral medication was seen as a potential strain on Canada’s health-care resources.

This month, the court overturned this ruling, sending the case back for review and arguing that the first Immigration officer ignored proof that an American charity would pay for Mr. Ovalle’s ARV drugs.

This is the latest of many recent decisions regarding whether serious illnesses requiring costly medication should be an obstacle to entry. One ruling earlier this month found an older American couple — where one person had advanced Alzheimer’s — arrived here simply because they preferred Canada’s health-care system.

Certain judges have said that promises to privately pay for the drugs and other treatment are unrealistic and all but impossible to put in force. Others have argued that offers to pay the fees — often by wealthy applicants — are realistic and should be taken in serious consideration.