Overcoming Medical Inadmissibilities

WHEN
Live webinar July 23, 2020 @ 11:00 AM EST
OR available available video recording

 

INSTRUCTOR

Samuel Plett

DURATION

4 hours

SUMMARY: This course will provide and in-depth discussion of how to address medical inadmissibility in immigration applications. The instructor will review the legislative grounds for medical inadmissibility and how they are defined in IRCC policies and relevant jurisprudence. Procedural remedies in order to overcome medical inadmissibility will be discussed as well as certain applications that are exempt from medical inadimissibility findings.

  • Legislative structure
    • Overview of statutory provisions governing medical admissibility
    • The requirement to undergo medical examinations
    • The medical assessment
    • Section 38 of IRPA – three (3) grounds of medical inadmissibility
    • When does medical inadmissibility arise?
    • An overview of the inadmissibility report process
  • Danger to public health
    • Overview of IRCC policy on “danger to public health”
    • Brief overview of jurisprudence (IRB and Federal Court)
  • Danger to public safety​
    • Overview of IRCC policy on “danger to public safety”
    • Brief overview of jurisprudence (IRB and Federal Court)
  • Excessive demand
    • Overview of IRCC policy on “excessive demand”
    • Definition of “health and social services” – what is included and when?
    • The new “cost threshold” – updates and “temporary public policy”
    • Jurisprudence on excessive demand
    • The ‘mitigation plan’ – principles and practical tips
  • Procedural fairness and medical inadmissibility
  • Exceptions to medical inadmissibility
  • ​‘Remedies’ for medical inadmissibility
    • Temporary Resident Permit (‘TRP’)
    • Permanent Residence as TRP Holder
    • Humanitarian and Compassionate (‘H&C’) relief

See Full Course Outline

CPD CREDITS

For Lawyers and Paralegals

Law Society of Ontario
   • Substantive Hours: This program is eligible for up to 4 hours
   • Professionalism Hours: this program contains 1 hour of Professionalism Content

Law Society of Ontario
   • Substantive Hours: This program is eligible for up to 4 hours

Law Society of British Columbia
   • Approved for 4 CPD credits

Law Society of Saskatchewan
   • Approved for 4 CPD hours

Law Society of New Brunswick
   • Approved for 4 CPD hours

Law Societies of Alberta, Manitoba, Newfoundland and Nova Scotia
   • For members of these Law Societies, consider including this course as a CPD learning activity in your mandatory annual requirements

For Regulated Canadian Immigration Consultants

Immigration Consultants of Canada Regulatory Council
   • Approved for 4 CPD hours
   • Video recording valid until October 23, 2020

Further accreditation pending approval

Purchasing Options

Single Course

Includes
• Access to the course materials
• Possibility to download and watch the webinar

Buy Single Course

Your Instructor

Samuel Plett

Barrister & Solicitor

Litigation Consultant and Principal at Plett Law P.C.

Sam is a graduate of the Faculty of Law at the University of Toronto. Prior to law school, Sam studied Peace and Conflict Studies at the Trudeau Centre for Peace and Conflict Studies at the University of Toronto. He is a member of the Canadian Association of Refugee Lawyers, the Refugee Lawyers Association, and the Canadian Bar Association.

​Sam has experience in a wide variety of immigration matters, including applications involving inadmissibility matters, humanitarian and compassionate applications, pre-removal risk assessments, family sponsorship applications, temporary resident permits, and applications for work and study permits. Sam has extensive experience with applications for Judicial Review before the Federal Court of Canada, including applications involving constitutional challenges and motions for stays of removal; and has appeared before the Federal Court of Appeal. Sam has appeared before all three Divisions of the Immigration and Refugee Board in various matters including refugee hearings, appeals before the Immigration Appeal Division, and detention reviews.

​Prior to his work at Plett Law Professional Corporation, Sam was a Partner and Head of Litigation at Desloges Law Group.

​In 2015, Sam received the Canadian Bar Association Immigration Law Section Founders’ Award, given to a young lawyer “for achieving professional excellence, providing leadership, and making a significant contribution to the Canadian citizenship & immigration community”.

​As a law student, Sam was awarded the Ting Sum Tang Memorial Prize (awarded to the student taking the highest place in Immigration Law) and the John Yaremko Award in Human Rights.

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