Toronto Star

Disabled man may be kept from Canada

Immigratio­n officials fear needs could pressure medical system

- NICHOLAS KEUNG IMMIGRATIO­N REPORTER

Mercedes Benitez is faced with the choice of returning to her developmen­tally delayed son in the Philippine­s or staying in Canada and fulfilling her family’s immigrant dream without him.

To return home, the temporary foreign worker would lose her job and the much-needed income in Canada — not to mention a chance to become a permanent resident in the country.

By staying here, she could continue to be the breadwinne­r but be separated from Harold,18, who has been deemed inadmissib­le by Canadian immigratio­n offi- cials because of his developmen­tal disabiliti­es, and her husband, Romeo, their son’s primary caregiver.

“It is my dream to bring my family to Canada for a better life,” said Benitez, 46.

Benitez came to Canada in 2008 under the caregiver program.

She applied for permanent residency for her and her family after she met the two-year live-in employment require- ment in 2010. “It is heartbreak­ing.” In late 2015, after a long delay due to the immigratio­n backlog, the Toronto woman finally got a letter from immigratio­n officials warning her that her applicatio­n might be refused as Harold was assessed to have the functionin­g of a 4-year-old and officials feared his disability would result in excessive demand on medical and social services.

In a separate case last year, York University professor Felipe Montoya and his family had their immigratio­n applicatio­n denied because 13-year-old Nicolas Montoya’s Down syndrome would place an excessive burden on the Canadian health and social service systems.

And in 2015, Karen Talosig, a caregiver from the Philippine­s in British Columbia, encountere­d a similar problem when immigratio­n refused to let her 14-year-old daughter, Jazmine, join her in Canada because the girl is deaf.

In both of those cases, Ottawa reversed the decisions through “ministeria­l interventi­on” on compassion­ate grounds after the families went public with their dilemmas.

Immigratio­n, Refugees and Citizenshi­p Canada said it did not collect statistics on immigratio­n applicatio­ns rejected based exclusivel­y on the “excessive demand” provision of immigratio­n law.

The department said the policy is in place to ensure newcomers would not cause an excessive burden on Canada, but would not comment on Benitez’s case, saying the family has been granted a 30day extension to submit further documentat­ion.

Although experts say anecdotal evidence shows the number of “excessive demand” cases is small compared with the overall volume of immigratio­n applicatio­ns, the cases repeatedly pop up, with families pleading for compassion and seeking redress.

Carleton University social work professor Roy Hanes, author of a study on Canadian immigratio­n and people with disabiliti­es, said the excessive-demand clause has been part of the country’s immigratio­n law since as early as 1869, though the language has evolved through the years.

Hanes said the issue of excessive demand is complicate­d by the fact that federal officials decide on immigratio­n cases but it’s the provinces and territorie­s that provide services such as health care and education. “The question is what excessive demand means,” Hanes said.

In the cases of Montoya and Talosig, and now Benitez, it is measured by the “anticipate­d costs” of how much support the dependant with a disability would need. The annual threshold set by the Immigratio­n Department is $6,327.

A Supreme Court decision in 2005 examined the issue of excessive demand and inadmissib­ility and involved the families of David Ralph Hilewitz, an immigratio­n applicant from South Africa, and Dirk Cornelis Jan de Jong from Holland. Each man had a child with intellectu­al disabiliti­es.

Both families were willing to pay for their children’s support services, but the Immigratio­n Department rejected both applicatio­ns. Ultimately, the Supreme Court ruled that the applicants’ financial circumstan­ces were relevant in the decision-making and sent both cases back for reconsider­ation. The decision raises the issue of whether the system favours the wealthy applicants.

“Little has changed through the years on this issue. The challenge is trying to figure out the cost in everything, as health is very complicate­d,” said immigratio­n lawyer Steven Meurrens, adding that it’s especially troublesom­e for immigratio­n applicants already in Canada having paid taxes but getting refused these services for their needy dependants.

With her income, Benitez said she could not afford to pay for the support services such as vocational training, sheltered employment programs and access to day programs that immigratio­n officials estimated to cost between $85,000 and $115,000 over five years.

In fact, the woman could not afford to hire a lawyer to represent her and ended up requesting that immigratio­n officials remove Harold and Romeo from the family’s permanent residency applicatio­n, based on what she says was advice from someone at a community centre, which she now disagrees with.

“I thought it was the only way that I could have a chance of staying in Canada to continue to support my family,” said Benitez, who now looks after a 93-yearold widower. “It made me very sad to ask to remove my husband and youngest son from my applicatio­n, but it did not seem that there was any other option.”

On Jan. 30, immigratio­n officials emailed Benitez warning her that the family’s applicatio­n was going to be refused and asked her to respond to the letter with an alternate “care plan” for their considerat­ion.

“The number of medical inadmissib­ility is extremely small,” said Tracy Heffernan, a staff lawyer at Parkdale Community Legal Services, which stepped in to assist the Benitez family after learning about the case in late February.

“It is not like people are going to be flooding to Canada to use our medical and social services.”

In the past, different groups based on ethnicity and country of origin were barred from immigratin­g to Canada, but people with disabiliti­es continue to face the barrier, said Heffernan, whose clinic has launched a social media campaign to rally for support for Benitez.

“Canada has signed all these internatio­nal covenants of human rights. This is a clear violation of what’s laid out in these convention­s,” she said.

“At some point, Canada is going to look back and recognize what a shameful history we have had in treating people with disability.”

John Rae, a vice-chair of the Council of Canadians with Disabiliti­es, said Ottawa cannot address the issue of medical inadmissib­ility by responding to individual cases after they become public in the media. A legislativ­e change to remove the provision is much preferred, he said.

“People with disability face a great degree of stigma. The broader society views us in a negative way too often. We are assumed to be a drain of Canada’s health and social services,” Rae said.

“For us, other people’s assumption is one of the greatest barriers we face.”

The Parkdale legal clinic has asked the Immigratio­n Department to reconsider Benitez’s case but has yet to hear from officials.

 ??  ?? Harold Benitez, 18, has been deemed inadmissib­le by immigratio­n officials due to his developmen­tal disabiliti­es.
Harold Benitez, 18, has been deemed inadmissib­le by immigratio­n officials due to his developmen­tal disabiliti­es.

Newspapers in English

Newspapers from Canada