CIC NEWS
As regular readers of CIC News may already know, lawyers are currently challenging two major immigration decisions in courts of law.
The first concerns the decision by Citizenship and Immigration Canada (CIC) to eliminate backlogged applications to the Federal Skilled Worker Program (FSWP). In 2012, CIC announced that it would return all FSWP applicants that had been submitted prior to 27 February, 2008. This amounts to almost 300,000 returned applications, along with over $130 million in processing fees.
The lead case, Tabingo v. Canada (Citizenship and Immigration), was dismissed by the Federal Court last year. A hearing at the Federal Court of Appeal has been scheduled for the week of June 23, 2014. The following actions have already taken place:
- The Appeal Books (which include evidence the parties are respectively relying upon) were due to be filed at the Federal Court of Appeal by December 20th, 2013.
- The legal arguments of the applicants’ lawyers were due at the Federal Court of Appeal by February 28th, 2014.
- Citizenship and Immigration Canada’s legal arguments are due at the Federal Court of Appeal by April 17th, 2014.
The second case, Stasenko v. MICC et al., challenges the Quebec government’s recent decision to retroactively apply changes to eligibility criteria for individuals who had already submitted their applications to the Quebec Skilled Worker Program (QSW). This decision was made on August 1, 2013, but affected many applications that had been submitted prior to this date.
The case is scheduled for a hearing in the Quebec Superior Court on May 7-8, 2014.
The outcomes of these cases will have significant meaning to the thousands of applicants who were affected by the governments’ actions.
Stay tuned to CIC News for future updates on these important cases.
Walter says
Hello, regarding this article, and the second case related to quebec applicants, is there a link to more specific information? Does this afffect people that had applications in progress, or also people that have already been selected and received their CSQ?
HARINDER SINGH SAINI says
Sir,
This is concern to my case filed for Immigration in September 2004.Please let me know if any hopes are there
Regards
Harinder Singh Saini
Irfan Nawaz says
I had applied for Canadian immigration way back in 2005 under FSW and I am among those whose application has been rejected due to backlogged applications decision. Will the outcome of appeal have any barring on my application?
Advocate Mahmood says
I applied for P.R.C. before Feb/2008. On 2013, Canadian Immigration send some paper for signing & accordingly I signed on the same & after some month Canadian Immigration send me processing fees which I deposited for P.R.C. purpose.
In fact I can’t realize what have to be done & i have done on good faith .
However, may I get benefit of above reference of the Hon’ble Court’s decision.
Israr Gilani says
Thanks for the above information on court proceedings, I wonder if there is any court of law in Canada that can provide justice to someone who has suffered from a biast decision of an immigration officer abraod, consequently the person and his family had to faced a lot of difficulties and displacement knowing that one of the family members is a Canadian citizen but since he cannot stay alone in Canada and forced to stay with the family out of Canada. Being away from Canada, it has been extremely diffcult to properly pursue the case in canada. YOUr response and comments would be highly apprecaied.
Dr Syed Ali Ahasan says
Very good and descend mode with timely fashion from David Cohen. I appreciate it.
Aftab Ahmed Magsi says
Hope Courts of Law will make a decisions in the favor of Public because after waiting by the instruction from the Canadian High Commission all over the world and finally refused for process it more..it in not sign of good professional attitude.
I m also effected of this Back Log issue and still waiting for the positive response from the Court of Law…Me and my family have still positive Hopes from the court and may be the CIC will with draw it decisions.
Hope for the best.
Anonymous says
My application was approved and i was granted. The immigration ask me to contact resident planning choice. I was nearly to complete this process suddenly, i received a message you are also affected by the law .Your fee is being returned. Now i am pleased to listen about court of appeal processing and look forward the step i have gained already.
Muhammad Shabbir Sheikh
Tajinder Kaur says
Thanks from the above information and still waiting for the positive response of Hon’ble court’s decision.
Hope for the best
irfan says
I applied for immigration in 2001 in 2006 was granted prc but then i send them to include my wife but they told me to send back passport which i did then on the day when the visa was expiring they called me they r cancelling my visa and then i kept on appealing again and again even asked them to send me decision copy but never received just passport and even my original IELTS score academic was kept by them just calling me and saying do not send emails. so I asked them how to apply again so they abruptly took it as my approval and sent me my landing fee this was totally wrong as the officer at islamabad highcommission gave me his number and convince me to include my wife and send passport which i obliged. then they told me to apply again so i apply in 2006 and now my case is termnated by law this was a case at islamabad high commission
irfan says
I was not given a fair chance to appeal and even i requested them to let me explain myself in interview. this is wrong atleast i should have been allowed to appeal
irfan says
when i checked caips file they did not include many of my communications with them and those which were included were tailored and cut according to their choice. I have full record of all communications with Islamabad High Commission
irfan says
when i ask them to let me appear in person they do not allow me even not answered
jasvinder singh says
sir
i have received refunds regarding first case, please let me know if court will decision in the applicant’s favor, can take the benefit.
mohammad mussadique says
I am also one of the victum of the decision made by Citizenship and Immigration Canada (CIC) to eliminate backlogged applications to the Federal Skilled Worker Program (FSWP). Few months after the decision i have received a farm for fee return.I have filled up the farm and returned the same to CIC but despite my active follow-up neither i have received the fee nor i received any positive reply from them.I am very much hopeful like other effected applicants that we will get a justice from the court and decision will come in favor of applicants.
irfan says
Please let me know how to appeal the injustice done to me in 2006 I could not appeal at that time because they never sent me decision copy.
Dhaval says
Cross the fingers and hope for good hearing from Quebec Government.
Gopal Shah says
Thanks
Ogogo Ehime says
Anyone possessed of average intelligence knows what fairness and justness mean. There was neither in the cancelled applications of 300,000 Federal Workers Applications of six to eight years. For that twin reason the perverse decision of Judge Rennie of the Federal Court cannot stand. It is wrong in law and wrong in common sense. The gravamen of Judge Rennie’s verdict is a superstitious understanding of ‘parliamentary sovereignty’. Judge Rennie mis-believes that just any law enacted by Canadian parliament is the meaning of indefeasible “operation of law” . He was wrong in jurisprudence and wrong on legal reasoning.
Argentina had attempted this same specious reasoning and failed to recruit its parliament to enact a law to free it of its obligations to bondholders. The Circuit Court in the United States voided that specious reasoning as in-effective in law and ordered Argentina to go back and perform its obligations as contracted ab initio. That is the universal jurisprudence in all democracies. Canada must not be permitted to go rogue. No parliament is allowed to disable the executive department from rendering its assumed obligations to a counterparty party. Both the parliament and the executive make up the government. To permit the parliament to do so is tantamount to allowing the executive to lawlessly do so by itself. In practical terms that will then amount to Hitlerite dictatorship under the guise of democracy in Canada.
Dan says
I consider the decision by the Canadian govement or better still the designated representative of the govement in the person of the minister of immigration as very highly insensitive and wicked.
It lacked every moral and judicial sense.
I also consider the by the first lawer who dismissed the case as a violation of human rights which the United Nations stands for.
Can anyone who has access to the UN bring this injustice to their attention.
They are by this singular decision bringing disaffection to the nation of Canada which is very loved by the world.
We will continue to prosecute this case and I Believe a responsible government will come who will issue an instruction to continue to process these application that were hitherto cancelled due to backlog reduction to gain the trust of nations, and forstall the violation of human right.
KAMAL KUMAR CHOPRA says
I am 2004 applicant and affected by the decision.
Any body having any latest information of court cases by TIM LEAHY
Tajinder kaur says
Tajinder kaur
I am also 2008 applicant. If someone having latest information, please share it
Thanks
Ahsan Syed says
I was one of the victim and my application also got affected. I did received my processing fee as well just after 2 months of decision. The good thing is I reapplied in May, 2014 and got PR in just 6 months. I heard that so many people here in Canada also got immigration after paying PKR: 500,000 to lawyers in Canada for defending their cases individually. I would advice you to contact one of the reputable lawyer and proceed your case. Positively you will get good outcome. Good Luck
Rabiya says
Hey can u please tell me the further details of the lawyer and all