Group Suing Government Over Wipe-Out of 280,000 FSW Application Backlog Making One Last Try in Court

A group of immigration-hopefuls whose applications for permanent residence in Canada were wiped out by legislation passed by parliament on June 29th are asking a federal court judge to order CIC to process their applications on 'humanitarian and compassionate' grounds. (Montrealais)

A group of approximately 900 people whose applications for permanent residence in Canada were closed after the federal government wiped out the back-log of 280,000 Federal Skilled Worker program applications are making one last attempt in court to force the federal government to process their applications.

The group had previously scored a victory when a federal court justice ruled that the federal government must assess their applications due to the legal obligation it had to process applications in a timely manner once it had filed them. Soon after the ruling, Bill C-38, legislation which includes a legal provision that wipes out the back-log of applications that were filed before February 27th 2008, was passed, which the federal government argues invalidates the court ruling.

The lawyers representing Citizenship and Immigration Canada (CIC) stated that the federal government would process the applications of 165 of the litigants whose files were not among the 280,000 applications in the backlog, but that the applications of the remaining litigants would not be processed as they were eliminated by Bill C-38 when it was passed on June 29th.

The group’s lawyer, Tim Leahy, is making a final effort to save the group’s applications and asking the presiding judge to order CIC to process the group’s applications on ‘humanitarian and compassionate’ grounds.

5 thoughts on “Group Suing Government Over Wipe-Out of 280,000 FSW Application Backlog Making One Last Try in Court

  1. Dear Sir or Madam

    I appreciate your efforts to win case of Pre 2008 FSW, I also fall in that list.

    May I extend a couple of suggestions that may be included in arguments before the Honourable Court of canada:

    1. The delay in processing applications was not caused by the Applicants — it has been caused by CIC itself. So the Applicants must not be punished for the inefficiency of CIC.

    2. While accepting Applications alongwith Fee in an open decades’ run policy of CIC; CIC impliedly entered into a contract with Applicants to process their Applications in approximated time mentioned by CIC in their Table of “Waiting Times”.

    3. The generous traditions of Canada which are a proud part of Canadian nation – such unethical decisions are not commensurate with the pride of a Nation and therefore, FSW processing for Pre-2008 Applicants may please be continued on humanitarian and compassionate grounds.

    Thanks for your valued services. Best regards.

  2. Dear Sir or Madam

    I am a backlogger from Pakistan, I submitted application as FSW in February 2007.

    Can I be included in your List of already 900 Applicants you are going to represent in Canadian Court for relief? If yes then please advise me the procedure for that.

    Yours truly

    Khalid Mahmood, Pakistan.

    • I’m sorry I don’t know. You would need to contact the lawyers representing the litigants to find out.

  3. Hi,

    I am Mandeep Sodha. I applied for permanent residency in Canada in September 2007 and I was sent a confirmation from “Canadian High Commission” that my file will be worked on but the ETA informed was 65 months. I have been waiting for those 65 months to be completed and now have been informed otherwise which is not fair. I planned a lot of things in life in accordance to my movement to Canada but all that is shattered.

    Please let me know if I can join the law suit against this decision.

    Mandeep Sodha

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