- United States
Canada’s Federal Court has ruled that Canadian government is obliged to process all the applications for permanent residence accepted for the processing. The Citizenship and Immigration Canada is attempting to eliminate the backlog of applications submitted before February 27, 2008 through legislation.
Canada Citizenship and Immigration Minister Jason Kenney was sued by 900 Canadian permanent residency applicants under the federal skilled worker class out of about 300,000 affected applicants. The applicants pleaded the court to issues orders to get their applications for permanent residence be processed by Citizenship and Immigration Canada within a reasonable time frame.They asked the court to order the immigration department to process their applications within a reasonable time frame.
The Minister Kenney’s argument was that he is authorized to make policies and any delay as result of change in policy is thus justified, however, the litigants argued that the lengthy delay of five to nine years was unjustified.
The Federal court did not make an order for all the litigants’ applications, however, immigration department is given the deadline of October 14 to complete the processing of the lead applicant thus giving other applicants possibility of their applications processing in due course of time.
According to the applicants lawyer, the court’s decision is final as the judge refused the Citizenship and Immigration Minister’s request for appeal.
Recently an other Federal court judge refused to provide relief to applicants who wanted the judge to order the Minister Kenney to preserve their applications for permanent residence while the case was being heard as the legislation had not become law at that time.
The Federal Court’s decision is blow to the Canadian government wanting to remove about 300,000 applications from the system by refunding the processing fees.
Tags: Canada, Canada Federal Court, Canada immigration, Canada permanent residence, Citizenship and Immigration Canada, Federal Skilled Worker Programme, Immigration