Limaj Immigration Canada - Cabinet de Consultant Agréé
IMMIGRATION REFUSAL EMERGENCY

Refusal A38:
Excessive Demand (Health)

Received a refusal letter or removal order? This is not the end. Immediate action is required.

Challenge this RefusalEmergency: +1 514-546-9853

Refusal Analysis

"Medical refusal: your condition is deemed too costly for the Canadian health system."

This refusal occurs when the Immigration Medical Examination (IME) reveals a chronic or serious medical condition whose projected cost exceeds the annual threshold set by IRCC. This includes chronic diseases, disabilities requiring social services, and certain psychiatric conditions.

Legal Context

Section 38(1)(c) of the IRPA declares inadmissible a foreign national whose health condition might reasonably be expected to cause excessive demand on Canadian health or social services. The threshold is revised annually.

Why the Officer Refused (Common Reasons)

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Chronic illness requiring expensive treatments.
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Disability requiring specialized social services.
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Psychiatric condition requiring long-term follow-up.
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HIV/AIDS with costly antiretroviral treatment.
OUR STRATEGY

How We Fix It

Mitigation Plan to prove private financial coverage.

1
Analysis of IRCC medical opinion and calculation of excessive demand threshold.
2
Drafting a Mitigation Plan proving private financial coverage.
3
Obtaining medical quotes and private insurance covering costs.
4
Submission of evidence that social services will not be needed.

Frequently Asked Questions

What is the excessive demand threshold?
The threshold is approximately $24,057 per year (revised annually). If your medical costs exceed this amount, you are considered an excessive demand.
Can my disabled child be exempted?
No, there is no automatic exemption. However, a solid mitigation plan can demonstrate that costs will be assumed privately.

Don't Waste Time

Deadlines for Federal Court (15/60 days) or Restoration (90 days) are strict.

Book a Consultation+1 514-546-9853

Why a Level 3 Consultant?

  • Authorized to plead before the Tribunal (IRB)
  • Expertise in appeals and judicial review
  • Management of complex cases (A40, A36, etc.)