Canada’s Court Orders Processing of Immigration Application before 27.02.2008
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
11 Responses to Canada’s Court Orders Processing of Immigration Application before 27.02.2008
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CANADA is a great nation. A nation for justice,equality and human rights.We are proud to be Canadians. …….VIVA CANADA……
the Canadian Federal Court didn’t surprised me by this judgment, because these were A B law lessons in the whole worldwide, based on the implied contractual relationship between all applicants and the Canadian Immigration Authority, as a result the latter was obliged to process these backlog files with justified time frame.
Frankly, I was would like to apply once more a new application according to the new immigration regulations. Based on this, I have arranged myself to go forward and commence the requirement steps. As a result,my wife and I have applied for IELTS exam in 26 of May, and we gained the required scores. Add to we have applied for Police Clearance Certificate from each country that we have been. In accordance with the current regulation the application process will take 12 -18 months (as my immigration lawyer informed me).
Now, and after this judgment, everyone should be aware that the Canadian Federal Court states that “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”
So, from my perspective, this deadline is just for the applicants who were lead this case, and the remain applicants’ file will be processed in due course of time. The words of ( in due course of time) is elastic words, which means that again the Canadian Immigration Department will determine when is this proper time to complete processioning these files, and that based on its discretion.
Since one day before this judgment be issued, I have checked the time process times in CIC website, and I noticed that time process for London office is (60) months. After this judgment has been issued, I checked again the website, and I shocked when this time process has been extended to (65) months today.
(I think you notice what I mean by this extension during two days -before issuing the judgment and after – by the Canadian Immigration Department)
Nonetheless, at least now all applicants have a new hope. From my side, I will pray to Allah to show me the an appropriate way. And in the meantime, I will go forward to submit a new application, based on that the new requirements of the new immigration regulations will be applied on my case.
NB: I would like to let you know that what abovementioned is just my legal point of view, and may be there was some shortcoming in it, and anyone can correct it
All best
i was surprised by the decision taken by canadian govt. to refund money to applicants till 27.02.2008. How they can treat them/us in this way.we have lost a lot of other opportunities which were available to us just due to this that we are going to settle in canada in near future. and by this decision we were hurt a lot. Now court decision has given some hope to me but still no time frame for applicants who have not gone to court. kindly guide me in this regard what to do at this stage. i am applicant of Jan,2007.
I am an applicant of feb2004.After getting to know court’s order,still it’s nt clear dt wheather this deadline is for all pre2008 cases or only for those applicants who hv knocked court’s door.
I am glad about the court’s ruling. However, I have learnt that from the paragraph which says “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’’ is an indication that only some of the applications will be considered. We have lost a lot of opportunities waiting for this application. The money we have saved has inflated and psychologically it is also a blow to us waiting for more than 5 years. I hope that the ruling will allow all applicants to get decision so that we can plan our future.
Tadesse: I am afraid you are right as only the applications of few of the persons who challenged the decision in the court will be processed by CIC and rest will be returned with refund.
No, this is not right. All applicants would be processed. As per the article: “the lead applicant thus giving other applicants possibility of their applications processing in due course of time”
The Federal Court Judgment is at:
http://decisions.fct-cf.gc.ca/en/2012/2012fc758/2012fc758.html
I could not find “October 14, 2012″ as deadline to finalize the applications.
Will anyone like to tell where this date came from?
I don’t think this is the same judgement.
I WANT TO SAY IT IS IMPORTANT THING TO KNOW THAT MANY APPLICANTS WILL BE REJECTED BECAUSE THEY WILL NOT GAIN THE SUFFICIENT DEGREE (67) BECAUSE IELTS & OTHERS .SO EVERYTHING WILL FLOW FAST IF THEY DECIDE .
I Already Apply in 2005 But Still We get no ansuer from Immigration Dept
anybody Know
what they will do in future