Like many countries, Canada reserves the right to refuse newcomers on health related grounds. There are two possible bases of refusal:

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• a health condition that poses a threat to the public, or

• a health condition that may impose an "excessive demand" on Canada's public health care system.

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The first basis covers highly communicable diseases. It does not include HIV.

The second "excessive demands" basis covers any serious illness for which health services, treatment and medication is required. This category often results in an applicant's refusal due to HIV positive status, heart or kidney disease, and the need for certain types of surgery, such as knee and hip replacement. Sponsored spouses, partners, and dependent children are excused from this "excessive demands" basis of refusal.

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Battista Smith Migration Law Group is sought out by people worldwide for our expertise in advocating for people with serious health conditions, especially HIV. We believe that vigilance is required to prevent people with illnesses from being denied status in Canada based on speculation and stereotypes.

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