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Federal Court of Appeal Rules Illegal Immigrant Has No Right to Free Health Care

Illegal immigrant can’t get health care because she didn’t pay application fees

A Grenadian woman who came to Canada in 1999 and remained in Toronto after her visitor visa expired has been denied free health care by the Federal Court of Appeal, according to an article in the Globe and Mail.

As the woman’s health began to decline, by 2006 she was seriously ill – and the hospital and doctor’s bills kept adding up. She applied for free health care, but was denied. Just recently, the Federal Court of Appeal denied her second appeal of the decision – also acknowledging that the woman being left untreated could result in her death.

While the Federal Court of Appeal has ruled that illegal immigrants have no right to free health care, the woman had applied for a temporary residence permit that would qualify her for free health care. This free health care is meant to assist people who immigrate to Canada legally, however, she didn’t pay the fees associated with the application and therefore her application was not processed.

Woman could still get free health care if immigration application approved

Immigrants that are waiting for their applications to be processed can qualify for free health care if they apply for it, but by not paying her fees the woman was not considered to be currently being “handled” by Canada’s immigration system. A different court suggested the government waive the fees on her initial application, which could result in the application being accepted eventually and grant her free health care.

This case proves why paying your application fees and submitting your immigration applications with all of the required paperwork is extremely important.

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About Michael Niren

Michael is a graduate of Osgoode Hall Law School in Toronto. He is a member of the Law Society of Upper Canada, the Canadian Bar Association’s Citizenship and Immigration Section and the Associate Member of the American Bar Association. Read more

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