Immigration Applicants urged Federal Court to Enforce Rulings on Application Delays

Roughly two weeks prior to the enactment of Bill C-38 into law in the month of June, the Federal Court of Canada decided in favor of the future immigrants by ordering the government to process all the applications it has taken into its system.

Federal Court Ruling

The court held that there were no valid justifications for the delays. The court directed the government of Canada to complete the lead litigant’s case by October 14.

In a document filed this week at the the Federal Court, the government asserted that it was going to eliminate some 280,000 reevaluated federal skilled workers applications that had reached the government’s system before February 27, 2008 and to refund $130 million application fees.

The government contended further that the applications of about 635 of the applicants who were involved in the court proceeding were already terminated by operation of law.

The Federal Court ruling that favored 670 litigants creates no impact on the thousands of other applicants who were affected by the enactment of Bill C-38.

Contentions of the Parties to the lawsuit

Government attorneys held that they would propose that the processing of the applications of those not included in the 280,000 be made on July 16.

On the contrary, the immigrants’ lawyer contended that his clients have a vested right over the date when the application should be processed in accordance with the agreement in February. He further noted that the new law does not prohibit government from assigning new file case numbers for finalization, nor does it render the February agreement null and void. He also added that over 24 of his clients were twice penalized since they were directed to undergo expensive medical examinations, submit photographs, and pay a head tax after the deadline in March 29, even after the government planned to drop their applications.

There are a handful of lawyers appearing before the Federal Court and preparing the case on behalf of 700 other applicants.

Another immigration lawyer representing some clients in the pending suit declared that they will question the constitutionality of the new law, C-38, and request that it should be stricken down because it repudiates an applicant’s right to due process of law.


Grant of Reprieve

The lawyers to the class suit had sought for a 90-day reprieve with the federal government to prevent the latter from destroying the files of the involved applicants prior to their lawyers’ filing the case at the Federal Court.


Immigration Firm that can help

Niren and Associates, which has been in the business of helping intending immigrants in some lawsuits, appeals, and other immigration processing for decades, is one of the most competent and trusted immigration firms in Toronto and nine other major cities across the country. Feel free to speak to one of its highly experienced immigration attorneys at 1-866-929-0991 or send your query to [email protected].

Michael Niren

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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