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Settlement approved in class-action lawsuit against Quebec Immigration Ministry Lawsuit sought compensation for CSQ applicants rendered ineligible by criteria changes in 2013 and 2017

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A settlement has been approved in a class-action lawsuit brought on behalf of former Quebec Skilled Worker Program candidates against Quebec’s Immigration Ministry. 

The class action sought compensation for Quebec Skilled Worker Program (QSWP) 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 on the ministry’s website reads.

The class action was authorized by the Superior Court of Quebec in February 2018 and a settlement was approved last month.

Who’s eligible?

Former QSWP candidates who fall in one of the following groups may now 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.

Settlement terms

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

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

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

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

Eligible members of the class action now have until October 17, 2019, to fill out the Individual claim form pertaining to class action settlement 500-06-000669-193 .

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