CIC News » 2012 » November » New Developments in Federal Court Class Action Suit




New Developments in Federal Court Class Action Suit

November, 2012

There have been important new developments in the legal case against Citizenship and Immigration Canada (CIC), which challenges their plan to terminate most Federal Skilled Worker applications submitted prior to February 27, 2008. These new developments appear to be technical in nature and should not affect the outcome of the case, one way or the other.

Lawyers for the applicants were scheduled to make preliminary arguments in a Class Action case in Federal Court on November 23, 2012. If they would have succeeded in their preliminary arguments, the Court then would have scheduled a future date for next steps in the Class Action Suit and that future date likely would have been months from now.

Instead, all participating lawyers will proceed by way of “test cases”. The Court has made dates available (January 14th through January 16th, 2013) in Toronto, during which time lawyers, including Attorney David Cohen and Mario D. Bellissimo, will have the opportunity to present arguments. This will allow applicants to have “their day in court” much sooner than if lawyers had proceeded by way of a Class Action.

A test case is different from a Class Action in the following way. In a test case, a lawyer has the chance to present arguments on behalf of a single client. The decision the Court renders in the test case will apply not only to that client, but to other clients represented by the lawyer in the same circumstances.

The thrust of the argument that will be presented by Attorneys Cohen and Bellissimo is that the intended action of CIC (termination of the applications) is unconstitutional on the grounds that it is discriminatory against individuals based on their country of origin (Section 15 of the Canadian Charter of Rights and Freedoms). If the Court decides in their favor then the law empowering CIC to terminate the applications will be struck down. This outcome would apply not only to the test case but to all of the other clients the attorneys represent in this matter as well.

In anticipation of having the test case heard by the Court in mid-January, 2013, lawyers for the applicants have adjourned (not withdrawn) their Class Action case. According to Attorney David Cohen, “If, for any reason, CIC takes any action to begin terminating applications before there is a decision on our test case, we would go back to the Court on the Class Action case and ask for an Order that would require CIC to refrain from destroying the integrity of the Class.”

A pre-hearing conference is likely to take place during the week of December 10th, 2012.

Individuals who submitted their Federal Skilled Worker applications prior to February 27th, 2012 may still retain the representation of Attorneys Cohen and Bellissimo. If you are one of these individuals, click here to make your voice heard.

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{ 25 comments… read them below or add one }

Maulesh Sharma November 29, 2012 at 8:06 am

I would like to give a case study for the same case.
A men applied for CANADIAN FSW visa in 2006.(his age was 28 approx). He was also working hard with his brain to develop in his own country also. In 2006 he was just a biginer but we found that by 2012 he grew up and was working a senior manager.

He grew due to his developing brain and working. CANADA has lost such good person.

Bust if such winner enter CANADA then the country can grow faster. As the people at the age of 35 have good understanding

Maulesh Sharma November 29, 2012 at 8:07 am

I would like to give a case study for the same case.
A men applied for CANADIAN FSW visa in 2006.(his age was 28 approx). He was also working hard with his brain to develop in his own country also. In 2006 he was just a biginer but we found that by 2012 he grew up and was working a senior manager.
He grew due to his developing brain and working. CANADA has lost such good person.
Bust if such winner enter CANADA then the country can grow faster. As the people at the age of 35 have good understanding

SINGH PARVINDER November 29, 2012 at 9:44 am

I hereby give my full support for the litigation against the order of Distroying applications of Pre Feb 2008..This is against the Natural justice as the applicants are bebarred for years

fatemeh November 29, 2012 at 11:18 am

hi I am one of the applicant before feb 2008. the minister desicion has ruined my life completely, but how can i get may rights? im in iran where the life is going to be very hard. i am really really in need to be heard by the court, but having defficulty to pay the fee. what should i do?

sudhir pandya November 30, 2012 at 10:33 am

sir., i welcome your appreciable work for the applicants , who ‘d hopefully applied for Canada Immigration in skilled worker class..etc… thanks..

Marjan November 30, 2012 at 8:03 pm

Hi there,
Thank you for updating us. I am an Iranian girl. I have applied for SW immigration to Canada in Oct. 2006, whole of my life has been changed and honestly can say all my dreams ‘v been destroyed after that new decision about before 2008 files. I had my Bs degree that year but now I am PhD student and still waiting for find a way to immigrate to Canada.

Anonymous November 30, 2012 at 8:41 pm

Legally speaking, do applicants even have a case?
I believe the government would say:

The application does not guarantee an approval. Specially for cases that the applicant is still living in his/her country. I understand how the applicant is hurt and disappointed after rejection.
But it is the applicant’s fault who puts all their hopes and dreams on the desired PR and plan their life accordingly. Canada owes nobody anything for saying we will consider you and we decided no!”
It is not fair but it is true. I doubt if this would go anywhere…
I think the only argument that might make sense is for those who have already been to Canada and started their lives somehow and were given some sort of approval signs from the government and are now affected.

amadou saikou sow November 30, 2012 at 9:12 pm

jaime le canada

Cha December 1, 2012 at 6:16 am

Would appreciated if I can get an answer for….?

As we applied for skilled worker before 2008 and for processing it took more than four to five years time to final answer. At the end, the answer is need more updates with some areas then re-apply. When we are going to re-apply with updated other areas what about our age? Once our age limit reached to the maximum level we are losing some marks. Are we have any solution for this or they will consider our age from the beginning (1st submitting age as we are reapplying) there should be a solution for these kinds of issues.

Your helping answer will be highly appreciated.

Eman December 1, 2012 at 7:09 am

what the cic do about our applications pre. 28 Feb 2008 is against the most basic human rights internationally recognized. Where is justice???? Why all this time to get our right ???!!!!!! Who will allow him to apply this obvious wrong ???? I can not believe this injustice !!!! Whrer is the justice fair ??????

Shadi December 1, 2012 at 5:39 pm

I’m one of the applicant that applied for FSW program on July 2006. It is not fair what Immigration minister has done to my life waiting for years, not even an update to my case. as per the new law i may not be qualified due to the age but education and experience are perfect. I definitely support this test case.

george artin December 1, 2012 at 6:07 pm


Ali December 1, 2012 at 11:22 pm

There is no government in the world would do illogical decision like in Canada. I submitted my application in Feb’07. My neighbour submitted in end ’2009. Their whole family is already in Toronto, and my case is not even being reviewed at all! It appears that the decision is to handle the application based on “last in first out” policy. Totally absurd any myopic on the part of policy makers.
The craziest thing is that out of desperation to provide a better decent education for my 2 children, I applied to migrate to Melbourne in May2011. It was processed within a year. I am now a PR in Australia. Though I used to be a directror in Singapore and now a manager in Melbourne, I am happy that I have provided a good environment for my children.
The ironical thing is that with my B.Sc(Double Hons) and MBA + 2-years post-graduate work experience in Canada, I can get myself into Canada where I “used” to call “my home”, instead I am welcomed in Australia! I can only say “Thank you Canada for rejecting me ! Bye-bye”

willie December 2, 2012 at 4:51 am

mr kenny only have the rights and freedom.

Adeyefa Adedayo December 5, 2012 at 4:09 pm

The government of Canada should be made aware of the consequences of this in-action no matter what the justification there is to it.

I applied prior to 2008 and was given an 86months timeline.

Having paid the prescribed fees, I believe that a binding contract was entered into with CIC.

CIC, should be honourable enough to execute its part of the contract without developing a cold feet.

Thank you

Anonymous January 4, 2013 at 6:48 am

I can’t even believe such an inhuman decision will be taken by a government
like Canada’s. People have waited for years to immigrate only to wake up to such announcement. The inefficiencies of the Canadian government should not be passed
to the applicants. Why didn’t they stop accepting applications at that time and concentrate on clearing the backlogs.
The most annoying thing was that when the new laws were made in Feb 2008, they were silent about the so called backlog applications. Why didn’t they ask applicant to re-apply at that time. I guess they are confused. God help us all

Mushtaq Qureshi January 16, 2013 at 9:20 pm

whether Manitoba provincial nominee program is still working as before or it has been changed?

PurpleHaze January 24, 2013 at 1:58 pm

I applied in 2007, till now there is no decision for me, even I don’t find my information while checking online status. I guess, my application has been affected as well. It’s really a pity after waiting a half decade for such a step.

Gbotosho Oluwasegun J January 28, 2013 at 8:10 am

I applied in 2007, in 2008 i received email from CIC requesting confirmation of my intension to continue with the application process. CIC made it clear in the email that processing is starting on my application and if after that I request to stop my application, I would not be entitled to refund of application fee.
I duly expressed my intension to continue with the application process and provided contact update.
It’s 2013 now, 4 years + Later and I am been told that my application will be returned along with the application fee (with no interest and to be paid in local currency equivalent), I cannot believe that a country like Canada can be descending this low, I paid my application fee with a Canadian bank draft and in Canadian Dollars, terminating my application is bad enough and u still want to return a depreciated money value, this is unbelievable.
God help us

chijioke Ogbonna January 31, 2013 at 9:27 am

It is so sad that Canada assumed to be a legally and fair minded country can treat others in such a manner. I applied in May 2008 with hope that by now I will be in Canada with my family. The basic truth is to provide the best education for my kids while contributing to the country’s growth.
Please tell me whose fault is it, that application made in 2008 has not been concluded till 2012. When you sit an exam ,it is either you pass or fail. Why punish the students because the teacher failed to release the results . This is incompetency given a legal backing by Canadian Government.

Susan stewart January 31, 2013 at 4:59 pm

I have to agree with anonymous (Nov.30/2012). Many submitted applications. an application is not a promise of acceptance into PR. I do suppose however that CIC should have to look at the applications and if the applicants do not qualify then return them with their monies. I can imagine that not many applicants pre 2008 will now fit the requirements to qualify, thus the reviewing of the applications should go quickly. It is very sad that people would put their lives on hold and miss opportunities because they misunderstand what an application is. To now file a suit against CIC and thus the people of Canada as a whole is the real crime.

Brian February 2, 2013 at 2:59 am

Susan stewart,
Application is not promise of acceptance but holding people’s money for 8 years and keeping them on limbo has put the burden of processing – and I assume you know what the word processing means- on Canadian government. Add to this many other dimentions of the issue including faster processing of western Europe applicants as opposed to Estern Europe and Asia constitutes the bias and unfair practice which will be sanctions by courts. Jason Kenney has lied many times to court including false information about number of pending applications. He claims that he process 300,000 very fast after zapping 85,000 applications????? what a joke that only Conservative Canada would buy it. So as the voters for Cons unfortunately people of Canada have contributed to the crime.

Patrick February 8, 2013 at 5:04 am

This issue is a big shame on the government of Canada. It is a shame to hold on to peoples money for over 7 years and thereafter begin to attempt to cancel the application for which the money was paid. The application for the processing of the skilled worker visa/residency and the fees paid for the processing and which was accepted by the Canadian government in conivance with the CIC has by itself established a contract between the Canadian government and the Applicant(s) (The skilled worker). Cancelation of the process without a good reason will amount to fraud and breach of contract and should be treated as such. I ask that the lawyers should not only ask that the applications be processed; but they should also ask for damages on behalf of the applicatns . The conduct of the Canadian government with respect to this matter can be seen by the world as an attempt to defraud the candidates. I have not said that it is a fraud but could suggest FRAUD. It is unbelieveabale that this is coming from an assumed civilized world/country. Is the world court aware of this scam like situation? The story or act is Unbelieveable please ! Canadian Government please watch it !! You have been recorded as a great and transparent country over the years. Do not fail the trust!!! March 2, 2013 at 4:19 am

For 8 long years of waiting, our dream has been shattered to pieces. It’s so unfair. Can I still join the class action lawsuit?

rui costa March 14, 2013 at 6:36 pm

i am a skilled worker, been working in Canada for 8 years. My downfall was me filing the wrong claim and me and my family got deported. Due to this mistake my familie’s life got set back. What can i do to return to Canada?

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