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But he was devastated when his medical exam uncovered that he’s HIV positive, which could jeopardize his plan.

His prognosis was excellent with proper medication and he was able to get the clearance to study in Canada.

After graduating last summer from a one-year program in caring for people with developmental issues, he applied for further studies. However, his study permit extension was refused on the grounds that hisÌýhealth condition might cause an excessive demand on Canada’s health or social services.

That refusal has made him doubt whether Canada is as accepting as he thought — and has become the focus of a court case on behalf of migrants facing medical inadmissibility on health grounds.

“Is Canada really an open country or is it just a pretension?” asks the 29-year-old man, who has launched a Charter challenge of the excessive-demand provision of the immigration law. Under a court order to protect his privacy, he can only be identified as R.A.

The excessive-demand provision of the law is meant to ban people with disabilities and excessive health needs from coming to Canada, to prevent strain on health and social services systems. The provision has been criticized by advocates as discriminatory.

Historically, applicants with HIV and conditions like autism and intellectual disabilities make up most of the medical inadmissibility cases.

In 2017, a parliamentary committee recommended that Ottawa repeal the lawÌýafter its study found theÌýclause goes against the United Nations Convention on the Rights of Persons with Disabilities and is out of touch with Canadian values.

Instead of scrapping the policy, the federal government relaxed the rules in 2018 by raising the annual health-care cost threshold to three times the average annual health-care costs for a Canadian, or to $26,220 for 2024, so fewer applicants would be captured by the rule. It also removed references to special education, social and vocational services and personal support services needed by the applicants.

Although there have been fewer medical inadmissibility cases since then, Anne-Rachelle Boulanger of theÌýHIV Legal Network said the provision still fosters discriminatory attitudes and hence, the organization is joining the legal challenge in support of R.A., calling for its repeal.

“For us, it’s really about finally having our immigration laws not perpetuate or reflect stigmatizing and discriminatory views of people living with disabilities, including HIV, as well as people who don’t have citizenship,” she explained.

In the current case, Boulanger said the Immigration Department was aware of R.A.‘sÌý HIV status when it issued its initial study permit. She said it only refused the extension at the discretion of another officer, with no analysis of the alleged excessive demand caused by the applicant’s medical status and needs.

“It was pretty shocking that he was accepted the first time and his medical condition didn’t change at all,” she said, “yet when he applied for an extension, all of a sudden, now he is an excessive demand.

“There have been huge advances in terms of the health care of people living with HIV. It’s no longer a death sentence. People with HIV live long and healthy lives as long as they can access the necessary treatments.”Ìý

R.A., a pharmacist back home, who is not out to his family and friends about his sexuality and HIV status, said his health has been under control with medication and he doesn’t pose risks to anyone.

Like other international students, he needs to buy private health insurance. His HIV medication is paid for by the company that manufactures it through a community clinic that offers health care and supports to people living with the virus.

Although the Philippines is a democracy, R.A. said it’s also a very closed and religious society, where LGBTQ people are tolerated but not accepted.

“HIV is a taboo topic in the Philippines. There’s still stigma,” said R.A., whose study permit expired last August. He’s in Canada on a visitor visa that’s valid through September.

People with HIV are often seen as morally blameworthy, sexually irresponsible, dirty and unwelcome, he said, adding that they face discrimination at work, in relationships and in housing. Some health-care providers refuse to provide treatment, he added.

“This is not only my fight,” said R.A., who has been accepted by a postgraduate pharmacy technician diploma program in Alberta but needs a study permit. “It’s a battle for all people living with HIV who want to come to Canada.”

Citing the 2017 parliamentary committee report, his lawyer, Mathew Wilton, saidÌýthe excessive-demand provision results in savings of only 0.1 per cent of all provincial and territorial health spending.

Wilton argued that his client was not provided an opportunity to address any concern from the immigration officer refusing his study permit extension and the decision was unreasonable and not supported by evidence.

“By viewingÌýpeople solely as potential burdens or impediments, it ignores the reality that people with disabilities, including those without permanent residence or citizenship, make important non-economic and economic contributions to Canadian society,” said Wilton.Ìý

“ItÌýperpetuates negative stereotypes toward immigrant communities that they are simply here to abuse and take advantage of our public resources.”

In an email, the Immigration Department said it can’t speak about litigation that’s before the court, but stressed it has taken steps to bring the law in line with Canada’s values on diversity and inclusiveness, as well as the recognition of newcomers’ contribution to the country.

It said the 2018 updates to the excessive-demand rules strike the right balance between welcoming newcomers and reducing stigma while protecting publicly funded health and social services.

“As a result of these changes, many applicants, particularly those with conditions that primarily require publicly funded prescription drugs, would likely be admissible,” the department said. “HIV infection alone does not automatically make a person inadmissible to Canada on health grounds.”