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.

Join the Fight to end Medical Inadmissibility in Canada!

Learn more

Learn more:

PublicationsNews

With Love – 2025/26 Annual Report

Love is a driving force behind our work and we are sharing what that means with you in our 2025/26 Annual Report.

October 2026 OHCHR Submission

This submission was made in October 2026 to the Office of the United Nations High Commissioner for Human Rights (OHCHR)) to inform its forthcoming report on the impact, results, and state of implementation of societal enablers by States, as recognized in the Political Declaration on HIV and AIDS: Ending Inequalities and Getting on Track to … Read more

Immigration/Refugee Law Update (October 2026)

This update includes legal information. If you would like to speak to a lawyer, you can find information about HALCO, the HIV Legal Network, and other legal services here: www.halco.org/wp-content/uploads/2026/04/Legal-Services-in-Canada_April-14-2026.pdf HIV testing during Immigration Medical Exams Some people applying to come to or stay in Canada are required to have an Immigration Medical Exam (IME), … Read more

HIV Legal Network Comments – UN Special Rapporteur on contemporary forms of racism

This submission responds to key questions that the UN Special Rapporteur on contemporary forms of racism has raised in support of her upcoming visit to Canada. Our responses focus on people who use drugs, sex workers, people without permanent residence or citizenship, and people living with HIV in Canada.

Video – Hard Time Persists – Immigration

Everyone — including people who have been detained — has a right to the highest attainable standard of health and to healthcare that is at least equivalent to that which is available in the community, whatever their immigration status. The current system — which allows for indefinite and punitive detention without comprehensive oversight — fails … Read more

Search all publications

Statement – Challenging the constitutionality of Canada’s “excessive demand” regime in federal court

The HIV Legal Network and a client of Battista Migration Law Group are challenging the constitutionality of Canada’s “excessive demand” regime in federal court. On February 2, 2024, we filed legal arguments and materials challenging the decision of Immigration, Refugees and Citizenship Canada (IRCC) to deny a work permit based on an applicant’s HIV status. … Read more

Media Release – HIV organizations in Canada call for the immediate revocation of immigration policy that harms people living with HIV

This statement can be attributed to HALCO, the HIV Legal Network, and COCQ-SIDA. June 21, 2023 – The HIV & AIDS Legal Clinic Ontario (HALCO), HIV Legal Network, and La Coalition des organismes communautaires québécois de lutte contre le sida (COCQ-SIDA), are deeply concerned about the continued application of the “Automatic Partner Notification Policy” (“the … Read more

HIV organizations in Canada call for the immediate revocation of immigration policy that harms people living with HIV

This statement can be attributed to HALCO, the HIV Legal Network, and COCQ-SIDA. June 21, 2023 – The HIV & AIDS Legal Clinic Ontario (HALCO), HIV Legal Network, and La Coalition des organismes communautaires québécois de lutte contre le sida (COCQ-SIDA), are deeply concerned about the continued application of the “Automatic Partner Notification Policy” (“the … Read more

FLATTEN INEQUALITY: Human rights in the age of COVID-19

In the face of the global COVID-19 pandemic, law- and policymakers are taking and contemplating drastic measures to minimize the spread of the virus. But hasty and broad punitive measures may perversely undermine public health objectives while also violating human rights — so it is essential that any measures be appropriately narrow and comply with … Read more

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 … Read more

Search all news articles