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2012

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Important Updates on the Federal Skilled Worker Backlog Court Case

October, 2012

As many readers of CIC News are aware, recent changes to Canada’s immigration legislation have called for the closure of Federal Skilled Worker (FSW) files submitted before February 28, 2008. Campbell Cohen law firm has been at the forefront of challenging the legality of these changes. Currently, Campbell Cohen is representing 897 pre-February 2008 applicants and their dependents, and along with other lawyers has brought this issue before the Federal Court of Canada.

If you submitted an application to the FSW program before February 28th, 2008, it is not too late to join. Click here to add your name today.

A Quick Background

In an effort to better select Canadian Permanent Residents and reduce immigration backlogs, in February 2008 the Canadian government amended the Immigration and Refugee Protection Act. The amendments granted the Canadian Immigration Minister the authority to take action (issue instructions) such as establishing application intake quotas, new application requirements, and new immigration categories. The changes in this amendment apply only to applications submitted on or after February 28, 2008.

The Immigration Minister, under the amendments, made changes to the FSW that included restricting the number of eligible occupations and introducing an intake cap of 20,000 (later reduced to 10,000) applications a year.

These new instructions created a hierarchy within the files waiting to be processed. Newer files were processed faster than those submitted before February 28, 2008. As of March 2012, there was still a significant application backlog. The Immigration Minister therefore made the decision on March 20th, 2012 to eliminate those applications submitted to the FSW program before February 28, 2008. This amounts to the return of approximately 280,000 immigration applications.

A more detailed background can be found in CIC News’ earlier article on the subject.

The Court Case Today

The lawyers arguing the case before Federal Court have two primary objectives. Firstly, they are seeking their cases to be certified as a Class Action Lawsuit. To do this, the Court must be convinced that all applicants who are challenging the decision may be represented as a single unit, or class. If successful, these applicants will have their claims argued in a single Court hearing. The result of the hearing will apply to all applicants. The second objective goes to the merits of the case. The Court must first determine that there is a serious issue to rule on and if it does, then the Court must ultimately decide if the government’s action is legal or illegal. The Certification Hearing will be held in November 2012.

On September 18, 2012 a Stay Motion was presented to the Court wherein the lawyers requested an Order that would prevent the government from beginning the process of terminating applications and returning government processing fees. The Motion was dismissed, but all was not lost because:

  • An agreement was reached with the Department of Justice on behalf of Citizenship and Immigration Canada (CIC) to:
    • not initiate communication with applicants to process termination of their applications;
    • not issue refunds unless applicants directly wish a refund; and
    • not destroy files until the outcome of the next step in the proceeding in November
  • It is clear following this proceeding that based on fact and law individual applicants can challenge the termination of their applications in Federal Court, if necessary.

CIC News will continue to keep readers informed of all important updates regarding this historic Court case. If your application is among the 280,000 facing termination, you still have time to make your voice heard.

CLICK HERE TO CHALLENGE THE GOVERNMENT’S DECISION

By making your one-time payment of USD $500 and filling out your case information, you will be added to the quickly growing list of claimants. The immigration lawyers fighting for your case will take it from there, building an argument and presenting their case in Court. In this way, you can make sure that your voice is heard, and if a decision is made that benefits pre-2008 applicants, you will be the best position receive your just rewards.

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{ 40 comments… read them below or add one }

Links18 October 2, 2012 at 2:45 pm

Great! How about challenging the citizenship processing delay now also.

CHARANJIT SINGH October 2, 2012 at 4:45 pm

IF ONE PERSON WIN THE CASE WHEATHER THIS WILL AUTOMATICALLY APPLY ALL OF THOSE WHO HAVE NOT SUIT IN THE COURT OF CANADA WHO HAVE APPLIED UNDER FSW BEFORE 2008

WITH REGARDS

Simple October 2, 2012 at 6:04 pm

Hi David,
There are only 0.3% of 280000 applicants joint your call for Court from the beginning up-to-now.
I think you should decrease your fee to USD 50 then number of applicants agree to join increase more than 20 times. Either total financial resource or number of applicants engage you to call for Federal Court will be much higher. Then the chance of susscess will be bigger.

Yadab Prasad Poudyal October 3, 2012 at 3:46 am

I have confusion, I had applied in 2005 but still not response my case.

Please help me now What can I do to forward my application?

File No :B048610321

Arvinder Singh October 3, 2012 at 4:47 am

Reference to back logger case submitted before Feb-2008, please be informed that I am one of the victim. I am Electrical Engineer working in Dubai with total experience of 12 years, age 36 years & scored 6.5 band in IELTS. I would like to ask why cic providing visas to other junior engineer having diploma of Electrical with very less experience. This is only because they have their relative in Canada, who had sponsored them & I left because I don’t have relative in cananda, although I had more experience , education from them. In this way, Will Mr. Kenny be able to bring quality engineers……Nooooo…Never….I don’t understand why he holded our cases ….only because of laziness of his staff…Or what??????????????????

Md Mizanur Rahman Talukder October 3, 2012 at 4:25 pm

I thing that we will win on the Federal Skilled Worker Backlog Court Case.

Anonymous October 4, 2012 at 9:11 am

How much time it will take in the Federal Skilled Worker Backlog Court Case?

Aanu October 6, 2012 at 7:16 am

I agree with the suggestion made by Simple that David Cohen should decrease his fee may not be 50$ but at least at an acceptable level where a big number of people should join this litigation. i personally know many applicant who are hesitant to pay $500, as it is a big amount but if you bring it down to 100$, you can attract many hundreds.

Anonymous October 7, 2012 at 5:20 pm

I agree with Arvinder Singh, 100%.

HIREN PATEL October 9, 2012 at 5:47 am

I AM FROM INDIA.
IF I COME IN CANADA THROUGH WORK PERMIT THAN WHAT ARE THE OPTION FOR ME TO GET PERMANENT RESIDENCY?

kuljinder kumar October 9, 2012 at 4:16 pm

should we get the justice or not will the canadian govt. inform us or not ?

fida hussain October 14, 2012 at 4:39 pm

i am fully agree with u & want to join u for legislation. i am also among backlog before feb.2008. i belong to pakistan.

OWOLABI JOHN OLUSOJI October 17, 2012 at 5:21 pm

I believe we will not have any problem with process,we will win

Jam Jam October 23, 2012 at 7:51 pm

In my opinion, the following link is clearly contrary to the provisions in the agreement with Department of Justice on behalf of Citizenship and Immigration Canada (CIC).
http://www.cic.gc.ca/english/department/media/notices/notice-returns.asp
Please read and advise; whether completing and submitting this form is voluntary requisition for termination of an individual’s pre Feb 2008 FSW application, or is it for advicement by CIC?

uddin October 29, 2012 at 4:33 am

pl advice wheather the Canadian govt will eliminate the backlog by latest instruction on 15 oct, 12. though court order contradicts with latest instruction. what about the 900 applicants, did they get disposal? oh, lord ensure justice, the way mr. kenny is trying to establish injustice.

Sana Haroon November 13, 2012 at 12:15 pm

please could you let me know what is the update on the backlog i am still confuse .. do we need to fill the form for the refund … please help me out … or should we wait till be here

lyn November 15, 2012 at 2:24 pm

I agree with Aanu..Could you bring it down to $100 or $150 .

from…Philippines

Masood Ahmad November 30, 2012 at 5:06 am

Hi Every one.

I am also one of the effective and applied in early 2006. Every thing is clear and even I earned 73 points while they require 67 at that time. I really think that Aanu is right and if they drop down to some how $50 then more people may join this cause. while 0.3% is no where. There is another point even if we are part of the petition will it effect our decision as well ? The court is not going to order some thing like “Allow these applicants” while do not Allow others who are not part of the appeal. The decision for every one and not for set of people who were part of the appeal.

Please correct me if I am wrong.

Thanks
Masood

Sameer Qubain January 4, 2013 at 12:31 pm

Any final decision concerning the Federal Skilled Worker Backlog Court Case or still in court?

Bhupinder January 6, 2013 at 6:42 am

I have got my status updated DECISION MADE> Any one can inform me What it mean. Is my application Granted visa or rejected to pay my fee back ??…Please inform If you have any information

Asim January 10, 2013 at 9:56 am

My status has also been updated as Decision Made. what does that mean. how long it can take to receive letter in postal mail as they stated.

S.Ali January 12, 2013 at 1:51 pm

Hi,

i applied in nov 2006, after long wait, my status did changed suddenly from ‘in process’ to ‘decision made’ , i did not opt for refund offer, as i wanted to wait and see, but from the internet forums i have the feeling that this status change will not do any good for me, sadly, but i still have my fingers crossed, and waiting for the letter, what will be the options for us, still a mystery,…

Rushi Parikh January 20, 2013 at 8:13 am

Hey. Even my status have been updated to decision made moreover begining few days I could check my application status online but later on I was unable to check it. I don’t why. Can anyone explain me please..

Kashif Hassan January 25, 2013 at 11:51 am

Hello everyone; I had the same issue as Rushi. I applied in Feb 2007 and last month my status did changed suddenly from ‘in process’ to ‘decision made’ but now I am unable to check it. Would appreciate if anyone can help. Keeping fingers crossed for everyone who are in trouble

KARANJIT SINGH ARORA January 26, 2013 at 8:38 am

I have applied for FSCW on May 13, 2006. I want to ask if the respondents filed any certified question on January 25, 2013 before the Federal Court, Toronto. I want to join the litigation. Please tell if it could be the time to join the FEDERAL SKILLED CLASS WORKERS ACTION LAWSUIT.
Prayed accordingly,
Karanjit Singh Arora
January 26, 2013

Raminder Jit Kaur January 28, 2013 at 9:45 am

Hey,My immigration status also changed To “Decision Made” But now i couldn’t even check my status as it not displaying anything.HELP PLEASE….

Reva January 31, 2013 at 10:19 am

I think the new age policy is ageism. If the age of retirement is 65 in Canada, why reassess age 40 and over and give a lower score. Again, some of us are told to get a Canadian job offer before we can apply for permanent citizen.Yet it is impossible to get a job offer living out of the country. I tend to agree with a previous comment that said perhaps racism and ageism are hidden agenda in this whole open Canadian permanent resident application. If you are not careful, you lose a lot of money and time paying fees and end up not getting the Visa.

muhammad jawad khan February 5, 2013 at 6:40 am

I have applied for Canada skilled workers program in June 2007,the new policy is human violation .

muhammad jawad khan February 5, 2013 at 6:48 am

The new policy of skilled workers is based on racism,I am not expecting this kind of thing from a welfare state of Canada.I will favor to join suit against this policy.

Muhammad Jawad khan

village and post office Hathian Tehsil Takhtbhai district
Mardan Khyber Pukhtunkhwa Pakistan

Muhammad Shahzad Butt February 11, 2013 at 11:32 am

hello dear all almost one week gone but my on line candain immegratio on spouse basis my status is not shwoing me on line i am worried

wht i do i check lot of time but the status not availablel tell me the way from i check the status

charlito.carlobos@yahoo.com March 2, 2013 at 3:56 am

I applied January 2005. Can I still join the class action lawsuit? Hoping for your positive response to this matter.

Lecha March 11, 2013 at 1:50 pm

I cannot check the status of my application as well. Does it mean that our years of wait were not being valued and recognize by the Canada Immigration? We invested so much time for more than 5 years for nothing. Restructuring the policy must also consider the welfare of the old applicants we upgraded and banked our working experience all these years. Like new applicants our case has merits too hence its worth calibrating the massive applicants qualification being taken for granted.

Harpinder Singh Benipal March 14, 2013 at 5:17 pm

I applied in April 2004 got file no. in August 2004. More 103 months gone what. Yet so close so far. Nothing to worry. Always be positive and be Happy Canadian immigration is not the end of word. God will open more doors………………………………

Amit makhija April 1, 2013 at 3:53 am

Hi all. Has anyone with ‘decision made’ status got any update? Request you to share please.

M Rafaqat Ali June 7, 2013 at 1:31 pm

Hi our family applied in Feb 2007 in FSW class we are still in air what our futher .

Qaiser Nadeem June 29, 2013 at 2:37 pm

Sir Im one of the victim of backlog of Feb.2008 Isubmited my Arange Employ letter in March 2009.After few months they demanded all my related docoments along with the fees of my family.Then they moved my docoments to London UK.Since then I heard not any news from London UK.If u can do a concession for me in Leagle action I shall also join you.

maricel July 11, 2013 at 2:13 am

same sentiments here. we applied august 2006. we invested all our time on this matter , then all of a sudden the cic announced that they made those changes in their policies. Now, what happened to us? it’s really bad on our part. we were so disappointed. but im still praying that the canadian govt. will hear our sentiments and concerns. It’s not easy for us to ignore those procedures and steps we’ve done all these years just to succeed in our application…

A Abidi July 11, 2013 at 7:40 am

Salam I applied in june 2007 after applied on line status showed IN PROCESS after five years showed DECESSION MADE now only show name and status not show any thing.

tajinder March 2, 2014 at 11:30 pm

My brother applied in Nov.2007.Before the status showed ‘in process’ but now it shows nothing or shows “should be filled the correct information I do not know the correct information.If someone know, please tell us.

sanjeev March 11, 2014 at 7:43 am

My brother applied in Nov.2004.Before the status showed ‘in process’ but now it shows nothing or shows “should be filled the correct information I do not know the correct information.If someone know, please tell us.Up date is on 8 march Canada website.

We welcome your comments on the news article above. However, we do not respond to specific questions in this space. If you have a question, you may Contact Us If you want to know if you qualify for Canadian immigration, you may complete our Free Assessment