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].

Any information provided here does not constitute legal advice and is intended for general information only. Should you require legal advise, you are encouraged to contact a lawyer directly. All blog postings are public and are not subject to solicitor/client confidentially. Case results depend on a variety of factors unique to each case, and case results do not guarantee or predict a similar result in any further case undertaken by the lawyer.

Tags: Canada Immigration Application Delays Canadian Federal COurt rulings Canadian visa applications Federal Skilled worker suit

About Fadi Minawi

Fadi is a graduate of the University of Toronto and the University of Toledo College of Law. He is called to the New York State Bar and is registered as a Foreign Legal Consultant with the Law Society of Upper Canada. He is a member of the American Immigration Lawyers Association (AILA) and is currently serving as the Media Liaison for the Canadian Chapter of AILA. Fadi has extensive experience in US immigration matters and is the firm’s lead in the area of US immigration. He is specialized in corporate and family immigration, as well as issues dealing with US inadmissibility.

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