Canada is considered the ‘dream destination’ for immigrants since long. The reasons vary from the excellent state sponsored medical facilities to child and old age benefits, apart from Canada’s reputation as a country favorably disposed towards immigrants. Its ample natural resources and relatively low unemployment rate also makes it a popular destination for visa seekers.

This website is maintained by an applicant who successfully negotiated the route to Canada Immigration, overcoming several obstacles reroute. While most of the postings here are likely to be on immigration related topics, several of his unrelated musings also may occasionally creep in.

The contents are merely the writers’ personal opinions and perceptions based on individual views and experiences and are not meant to be expert opinions on immigration matters, unless otherwise stated. Moreover, the outcome in each case may vastly differ from the past ones, even if the circumstances look similar and the course of action adopted is the same as in the past. Hence the readers are cautioned not to blindly follow what has been done by others in the past or quote past instances as precedents.

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Breaking News: Canadian Federal Court Rules Against Would-be Immigrants

In an official ruling released today, the Federal Court of Canada has refused to hear the lawsuit against the elimination of backlogged Federal Skilled Worker Program (FSWP) applications. However, Mr. Justice Rennie, who issued the ruling, has left the door open for a possible appeal.

The Decision

On March 29th, 2012, Citizenship and Immigration Canada (CIC) announced that all applications made to the FSWP before February 28th, 2008 would be eliminated without review. Many applicants wished to challenge this decision, and several hundred added their names to a possible class action lawsuit.

The lawyers representing the applicants argued, among other points, that the decision to eliminate the backlog was in violation of two laws: the Canadian Bill of Rights and Canadian Charter of Rights and Freedoms.

Justice Rennie expressed sympathy for the plight of would-be applicants. In his official decision, he stated that “applicants have waited in the queue for many years only to find the entrance door closed. They see the termination of their hope for a new life in Canada to be an unfair, arbitrary and unnecessary measure.”

Despite his sympathy, his ultimate conclusion was that CIC’s actions were in fact within the bounds of both the Bill of Rights and the Charter. As applications were ‘terminated by operation of law’, the court would not proceed further in challenging the government

What This Means for Applicants
At present, it appears that the Federal Government intends to continue with its plan to eliminate pre-February 28th, 2008 files. As part of this process, government processing fees will be returned to applicants.

Attorney David Cohen was among the lawyers representing applicants in this legal proceeding. “I am, of course, extremely disappointed in the outcome to date,” he said. “I still feel strongly that the government’s decision to terminate the applications of individuals who waited patiently and played by all the rules is both unethical and immoral. Unfortunately, the Federal Court determined that it was not illegal.”

Applicants whose files are scheduled to be eliminated are not precluded from reapplying for Canadian immigration, if eligible. A revised FSWP will be opening its doors to applicants on May 4th, 2013. In total, there are over 60 programs that can lead to Canadian Permanent Residency.

Room for Appeal

Appealing the judge’s decision remains an option. Stay tuned to CIC News to learn more about any potential appeal, as well as further developments on this subject

To read the ruling in its entirety, please visit the homepage of the Federal Court of Canada.

Source: http://www.cicnews.com/2013/04/federal-court-rules-wouldbe-immigrants-042426.html

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