Settlement in class-action lawsuit against Quebec Immigration Ministry up for court approval in June

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The settlement in a class-action lawsuit against Quebec’s Immigration Ministry will be up for court approval in June. 

The class action sought compensation for Quebec Skilled Worker Program candidates who paid the application fee for a Quebec Selection Certificate (Certificat de sélection du Québec, or CSQ) but were later disqualified by changes to the province’s selection criteria that came into effect on August 1, 2013, and March 8, 2017.

The lawsuit alleged that the Immigration Ministry and the Government of Quebec were "unjustly enriched, committed a fault and acted in bad faith by refusing to offer to reimburse the application fees," a notice published April 11 on the ministry's website states.

The class action was authorized by the Superior Court of Quebec in February 2018 and a settlement that would reimburse up to 50 per cent of the application fees paid was reached between the plaintiffs’ legal representatives and lawyers for Quebec’s Immigration Ministry.

The application for court approval of the settlement will be heard June 19 in Montreal.

The notice says the hearing will determine whether the settlement agreement is "fair and reasonable and in the best interests of the Class Members.” 

If you are eligible for one of the three groups covered by the settlement and approve of the settlement agreement, the notice says no action is required at this time.

Class action eligibility and settlement agreement

The class action recognizes three groups of individuals who may be eligible for compensation:

Group 1: Individuals whose CSQ applications were filed between February 1, 2012, and May 31, 2013; whose CSQ application contained an immigration form A-1520-AA or A-1520-AF indicating that their CSQ application would be processed in accordance with the regulations in force at the time of filing with Quebec's Immigration Ministry or the language "Your application for a selection certificate will be processed based on the regulations in effect when it was submitted”; and whose CSQ application was refused subsequent to the entry into force of the selection grid on August 1, 2013.

Group 2: Individuals whose application for a CSQ was filed before February 1, 2012, or between June 1, 2013, and July 7, 2013, and whose CSQ application was refused subsequent to the entry into force of the selection grid on August 1, 2013.

Group 3: Individuals whose application for a CSQ was filed between July 8, 2013, and March 8, 2017, and whose CSQ application was refused subsequent to the entry into force of the selection grid on March 8, 2017.

Under the terms of the settlement agreement, partial compensation would be issued as follows:

Group 1: 50 per cent of the fees paid by a member of Group 1 to submit his or her CSQ application;

Group 2: 25 per cent of the fees paid by a member of Group 2 to submit his or her CSQ application;

Group 3: 25 per cent of the fees paid by a member of Group 3 to submit his or her CSQ application.

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