IMMIGRATION AND TRAVEL

Immigration and Travel

aidslaw.ca/immigration

Immigration and Travel

Overview

People living with HIV should not face discriminatory or unnecessary barriers to their freedom of movement.

States that erect entry barriers for people with HIV justify their policies as necessary to protect public health and the public purse. But HIV is not communicable through casual contact. Thus, the United Nations has stated that “there is no public health rationale for restricting liberty of movement or choice of residence on the grounds of HIV status.”

We analyze Canadian and international immigration policies and laws, and work with governments and advocacy groups to ensure that those laws respect the human rights of people living with HIV.

Where people living with HIV face persecution in their countries of origin, or where they seek to be reunited with family members, humanitarian concerns and international law should and often do compel countries to admit them.


Immigration and Travel to Canada for People Living with HIV: Questions and Answers

People living with HIV are allowed to travel to Canada. However, HIV status is one factor considered by the Government of Canada when deciding if a person can stay in Canada for an extended period of time. This Q&A provides information on how Canadian immigration law and policy affect people living with HIV who wish […]

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A Modest Advance on Medical Inadmissability

Today, after years of advocacy by HIV, disability and migrant rights organizations, the Minister of Immigration, Refugees, and Citizenship announced changes to the rules that exclude would-be residents of Canada based on projected “excessive demand” on health and social services. These changes, however, fall far short of the full repeal of the current flawed, discriminatory […]

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Maurice Tomlinson Speaks to HOC Standing Committee on Citizenship and Immigration

OTTAWA, March 27, 2018 – Today, Maurice Tomlinson, Senior Policy Advisor with the Legal Network, spoke to the House of Commons Standing Committee on Citizenship and Immigration about his personal experience of immigrating to Canada and shared recommendations for improving the process for LGBTQ refugee claimants. Click below to download the text of his oral […]

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Brief to HoC Standing Committee on IRB appointment training and complaint process

“By some estimates, approximately 400 million LGBT persons live under the threat of criminal imprisonment or even death in their home country. The Immigration and Refugee Board (IRB) is faced with thousands of refugee claimants each year trying to escape persecution in their home country simply because of their sexual orientation, gender identity or gender expression. While strides have been made to improve the cultural sensitivity of IRB members, more could be done to enhance the cultural competence of IRB members—charged with making decisions about the lives of LGBT persons seeking asylum in Canada.”

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Statement: It is time to end Canada’s excessive demand regime

The Canadian HIV/AIDS Legal Network stands in support of the Private Member’s Bill to repeal Section 38(1)(c) of the Immigration and Refugee Protection Act (IRPA)—which we called for before the Standing Committee on Citizenship and Immigration last November. We hope that Parliamentarians from all parties will vote in favour of this proposal.

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Federal Court Judgement: A.B. and Minister of Citizenship and Immigration and the Canadian HIV/AIDS Legal Network

Judgement issued by The Honourable Mr. Justice Ahmed on December 19, 2017.

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Joint Legal Network/HALCO Factum: A.B. and Minister of Citizenship and Immigration

This is an application for judicial review of the decision of the Immigration Appeal Division (“IAD”) to refuse the Applicant A.B.’s appeal to sponsor her parents due to her father’s medical inadmissibility for excessive demand on health services.

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Representatives from the Canadian HIV/AIDS Legal Network and the HIV & AIDS Legal Clinic Ontario to speak to House of Commons Standing Committee on Citizenship and Immigration

OTTAWA November 17, 2017 — Under the Immigration and Refugee Protection Act (“IRPA”), foreign nationals are inadmissible to Canada if their health condition might reasonably be expected to cause an “excessive demand” on health or social services, or if they have an inadmissible family member. Due to the high cost of antiretroviral medications, people living […]

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Submission to the House of Commons’ Standing Committee on Citizenship and Immigration in relation to its study of Federal Government Policies and Guidelines Regarding Medical Inadmissibility of Immigrants

The Immigration and Refugee Protection Act (“IRPA”) stipulates that foreign nationals are inadmissible to Canada on health grounds if their health condition might reasonably be expected to cause an “excessive demand” on health or social services, or if they have an inadmissible family member (i.e., an inadmissible spouse or dependent child). In this submission, we will […]

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Submission to the Standing Committee on Citizenship and Immigration on Medical Inadmissibility

“In Canada, people seeking permanent resident status or temporary residence as students or workers can be rejected on the basis of their HIV status due to the ‘excessive demand’ provision of Canada’s laws governing medical inadmissibility. “We recommend that the excessive demand provision be repealed, for the following reasons: The excessive demand provision is discriminatory. […]

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Review of Canada’s Compliance with the Convention on the Rights of Persons with Disabilities

“The Canadian HIV/AIDS Legal Network submits this briefing to the United Nations Committee on the Rights of Persons with Disabilities in advance of its review of the periodic report of Canada, held during its 17th session from 20 March to 12 April 2017. “In this submission, the Legal Network sets out some selected concerns about the implementation […]

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Submission to Immigration, Refugees and Citizenship Canada on Medical Inadmissibility

In Canada, people seeking permanent resident status or temporary residence as students or workers can be rejected on the basis of their HIV status due to the “excessive demand” provision of Canada’s laws governing medical inadmissibility. Relying on the purportedly neutral criteria of the cost of health services, this law renders any applicant who would […]

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HIV Disclosure to Sexual Partners: Questions and answers for newcomers

This brochure — in five languages — will help newcomers to Canada make informed decisions about disclosing to sexual partners. 

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Divulgación de la condición de VIH a parejas sexuales: Preguntas y respuestas para recién llegados

Este folleto te ayudará a tomar decisiones informadas sobre la divulgación de tu condición a tu pareja sexual. En él encontrarás información importante sobre la legislación penal en Canadá, la salud pública e implicaciones específicas para los recién llegados, que incluyen residentes permanentes, estudiantes, trabajadores temporales, visitantes, refugiados e inmigrantes no legalizados. [HIV Disclosure to […]

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向性伴侣披露 艾滋病病毒感染状况: 给新移民的问题与解答

本手册能帮助您对于向性伴侣披露艾滋病病毒状况做出明智的决定。本手册提供了有关加拿大刑法、公共医疗的重要信息,及其对新移民的具体影响,新移民包括永久居民、学生、临时工人、访问者、难民以及没有移民身份的人。 [HIV Disclosure to Sexual Partners: Questions and answers for newcomers in Chinese]

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ਜਿਨਸੀ ਸਾਥੀ/ਸਾਥਣਾਂ ਨੂੰ HIV ਬਾਰੇ ਖੁਲਾਸਾ: ਨਵੇਂ ਆਉਣ ਵਾਲਿਆਂ ਵਾਸਤੇ ਸਵਾਲ ਅਤੇ ਜਵਾਬ

ਇਹ ਬਰੌਸ਼ਰ ਤੁਹਾਡੇ ਜਿਨਸੀ ਸਾਥੀ/ਸਾਥਣਾਂ ਕੋਲ ਖੁਲਾਸਾ ਕਰਨ ਬਾਬਤ ਸੂਚਿਤ ਫੈਸਲੇ ਲੈਣ ਵਿੱਚ ਤੁਹਾਡੀ ਮਦਦ ਕਰੇਗਾ। ਇਹ ਕੈਨੇਡਾ ਵਿੱਚ ਅਪਰਾਧਕ ਕਨੂੰਨ, ਜਨਤਕ ਸਿਹਤ, ਅਤੇ ਨਵੇਂ ਆਉਣ ਵਾਲਿਆਂ ਲਈ ਵਿਸ਼ੇਸ਼ ਉਲਝਣਾਂ ਬਾਰੇ ਮਹੱਤਵਪੂਰਨ ਜਾਣਕਾਰੀ ਦਿੰਦਾ ਹੈ, ਜਿਸ ਵਿੱਚ ਸਥਾਈ ਵਸਨੀਕ, ਵਿਦਿਆਰਥੀ, ਅਸਥਾਈ ਕਾਮੇ, ਸੈਲਾਨੀ, ਸ਼ਰਣਾਰਥੀ, ਅਤੇ ਬਿਨਾਂ ਕਿਸੇ ਪ੍ਰਵਾਸ ਅਵਸਥਾ ਵਾਲੇ ਲੋਕ ਵੀ ਸ਼ਾਮਲ ਹਨ। [HIV […]

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