Covarrubias v. Minister of Citizenship and Immigration (Court of Appeal 2006)
2nd January 2006, 12:00 pm
Covarrubias, a Mexican national, applied for refugee protection due to the lack of medical treatment available in Mexico to address his medical condition. The Immigration and Refugee Board and lower court denied his application. He appealed to the Federal Court of Appeal alleging in part that the health care exclusion in the Immigration and Refugee Protection Act (IRPA) violated the Charter.

The Court upheld the decision of the lower court. The Court made a distinction between a country’s inability to provide medical services and its refusal to provide such services, holding that the health care exclusion can be overcome in the latter case. In reaching its decision, the Court highlighted deliberate attempts by countries to persecute or discriminate against certain persons either by refusing treatment or deliberately allocating insufficient resources for treatment and care.

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