HIV-positive couple to get new immigration hearing
'Excessive demand' on health care cited in initial rejection
By Allison Cross
Canwest News Service
February 28, 2010 7:56 AM
Comments (18)
For three years, New Yorkers Ricardo Companioni and Andrew Grover have been eyeing Toronto as their new home.
Of the many things about Canada that appeal to the American couple, who are both HIV positive, the freedom to wed and access to universal health care are paramount.
But the pair has not yet been able to call Canada home.
Generally healthy and never hospitalized, the couple are nonetheless expected to have combined prescription drug costs of about $33,500 per year for the next 10 years.
It's an expense they have promised to pay themselves if they can't secure employer-based or private drug coverage when in Canada.
However, because there is nothing to stop the couple from enrolling in an Ontario drug program meant to help residents offset particularly high prescription costs, Citizenship and Immigration Canada rejected the couple's application for permanent residence status.
Companioni and Grover were told they would place an “excessive demand” on the health-care system.
“It wasn't denied right away. They kept asking us for more and more documents,” said Companioni, a music programmer who applied in the skilled-worker category for immigration.
But at the urging of their lawyer, the couple — who have amassed a half-million dollars in assets — appealed the decision in Federal Court and won the right to have a new immigration officer examine their case.
The appeal's argument borrowed from a 2005 ruling by the Supreme Court of Canada on an immigration case, which set a precedent for ensuring immigration officers take into account plans made by applicants on how they will contribute to their, or their dependents', social services costs.
The couple's lawyer, Michael Battista, argued this consideration should also be extended to something such as prescription drug costs.
The HIV and AIDS Legal Clinic in Ontario also formally intervened in the case on behalf of the couple.
Although Citizenship and Immigration then proceeded to file its own appeal, Battista said he's confident Companioni and Grover will eventually become permanent residents.
Citizenship and Immigration will not discuss specific immigration cases because of privacy concerns.
Canadian legislation doesn't explicitly deny entry to people with HIV or AIDS, but it does deny applicants who will place “an excessive demand” on health services. As HIV-AIDS is a costly, long-term illness, it often falls into this category.
Sergio Karas, a Toronto immigration lawyer, said accepting immigration applications on the basis of their ability to pay for any aspect of their health care or social services is problematic, particularly because it can't be policed.
There is always a chance applicants will renege on their promise to pay for health care, Karas said, and once they're on Canadian soil, there's nothing the government can do to stop it.
“The basic problem is that unless there are mechanisms in place that can monitor this, whatever promises they make, can turn out to be meaningless,” he said. “And unfortunately, there are no mechanisms to monitor them. Once you receive residency, it becomes unconditional.”
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anonymous
1:38 PM on February 28, 2010
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Let the American System take care of them. We've spent at least $25,000,000,000 in Afghanistan building roads, bridges, schools and providing security. We should have spent that money here in Canada. I drive around inner city Calgary an regularly see people who could use help. Inner city school's are falling apart and roads and bridges need repair here. Snow removal is thrid world. Take care of our own first then if any cash is left over perhaps we could help others.
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anonymous
12:42 PM on February 28, 2010
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12:36 continuation – the rest read – the way we are taxed to death to support EVERYONE else besides my own family I will NEVER be able to save enough to eventually retire on and YOUR PIDDLY amount will not even be enough to cover my health care after YEARS OF WORKING TO SUPPORT THIS COUNTRY WITH MY TAXES AND MY HEALTH.
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anonymous
12:39 PM on February 28, 2010
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there are how many millions in the states without health care coverage. we should invite them as well and then all from India. we know we are going to face a crunch as the baby boomers age so lets just ask the taxpayers to dole out more.
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anonymous
12:36 PM on February 28, 2010
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NO, NO, NO- for years and years the RULE has been NO SICK PEOPLE are allowed to come to canada to live. It is NOT discrimitory when chances are after the first year of THEIR PROMISE to pay for their own health care TAXPAYERS WOULD HAVE TO PAY TO SEND THEM HOME OR PAY FOR THEIR ILLNESSES. They are the responsibility of the U.S.A. – the country with the best health care. Like some of the other posters have commented and this is addressed to THE MINISTER JASON KENNY – TAXPAYERS ARE SUPPORTING ENOUGH FREELOADERS IN THIS COUNTRY – SUPPORT THEM YOURSELF, IN YOUR HOME WITH YOUR SALARY and leave taxpayers alone. To Mr. Harper – please CUT MR.KENNEY'S departments funding as he is now sending TAXPAYERS MONEY OUT OF THE COUNTRY OPENING NEW OFFICES IN OTHER COUNTRIES TO EDUCATED PEOPLE TO COME TO CANADA. THIS MONEY should be going to train our OWN PEOPLE THAT ARE BORN IN CANADA. Times are changing Kenny and as an overtaxed CANADIAN I have had enough. I will NEVER be able to afford to save enough t
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anonymous
12:23 PM on February 28, 2010
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Boot them out.
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anonymous
11:50 AM on February 28, 2010
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No thanks, I pay for enough freeloaders now. Besides with the magical Obama creating a new era in health care down there why would they want to leave?
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anonymous
11:50 AM on February 28, 2010
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What a joke that we would ever consider letting they immigrate here. Who cant see through their claim??? Our own health care system is in crisis lets add more burden. What a waste that they can even appeal the original decision.
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anonymous
11:48 AM on February 28, 2010
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Thats all we need bring in all the people with sickness. We have a long enough wait when we get sick and need a operation. They only want to come here for free health care.
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anonymous
11:07 AM on February 28, 2010
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As sorry as I am for their situation, they are responsible for it. We need immigrants to improve our nation,not sponge off it.All potential immigrants should be assessed for their ability to contribute to our society.They should not be allowed in for having the saddest story.
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anonymous
10:57 AM on February 28, 2010
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if push comes to shove and they get really sick, facing the choice between losing their assets or reneging on a promise, which one do you think they will choose?
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anonymous
10:55 AM on February 28, 2010
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My sympathy but we have enough of a drain our health care system already. Perhaps the good folks in immigration are finally starting to get the message and drawing the line. We welcome immigrants, but let's make sure they are healthy and ready to contribute to and not drain our resources. We are a mid 40's couple and we have amassed well over a half million in assets. If you bought real estate more than 4 years ago it's not that hard! A half million ain't what it used to be!! (-;
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Rehpotsirhc
10:53 AM on February 28, 2010
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It seems like it could potentially be an unnecessary burden to the taxpayers. I'm sure that they are nice people, and God knows that Canada needs more music programmers than ever, but I think that the system in working in this case and these two should continue to be denied entry.
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anonymous
10:51 AM on February 28, 2010
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Why not make Canada the destination for all who require extensive health care?Who pays for these services?Lets get real here and more sensible.
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anonymous
10:26 AM on February 28, 2010
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Sorry, but keep these two pretty boys in the States where they belong.
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anonymous
10:17 AM on February 28, 2010
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Stay out. Sorry to hear you sick but we have enough free loaders and abusers already on a system that is not sustainable the way it is run now. You may promise to pay for the drugs but when you are hospitalized who will pay for that bill, not you. Don't make your problem our problem, you chose the lifestyle (to not protect yourself) so stay in your country, pay your bills and live with the system you have.
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anonymous
9:50 AM on February 28, 2010
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I don't think so. There are tons of people abusing the system as it is, we can't afford more.
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anonymous
9:24 AM on February 28, 2010
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I'm sorry goodbye.
If they want to put up a $1 million dollar cash bond as a prepayment of thier medical needs they are welcome but otherwise so long.
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anonymous
9:16 AM on February 28, 2010
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Promises to pay medical bills once landed in Canada are cheap and pretty much not enforceable because lack of will to do so. Does the Supreme Court really believe that personal payment will really happen? What nonsense. Who authorized that a new hearing under a different IRB adjudicator should be granted. Another reason the IRB should be disbanded – totally out of control and an agency with seemingly no accountability.
Read more: http://www.calgaryherald.com/health/positive+couple+immigration+hearing/2623233/story.html#ixzz0grLwwwpe
