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The Case Against the Federal Skilled Worker Backlog Reduction (And What You Can Do!)

Federal Skilled Worker Class Action Lawsuit

Background

This past June the Canadian government passed a law that would permit Citizenship and Immigration Canada (CIC) to terminate most Federal Skilled Worker applications that were submitted prior to February 28, 2008. If this law is implemented, approximately 280,000 people will have their applications returned along with their government processing fees.
Our Position

Attorney David Cohen feels very strongly that in abandoning these applications and dashing the hopes of all of these innocent individuals who applied in good faith and waited patiently all these years, the government is morally and ethically wrong. The important question though is whether it is also legally wrong. For the answer to that question applicants are entitled to a decision from the appropriate court.
Court Action

A group of Canadian lawyers, including Attorney David Cohen, has recently filed legal proceedings in the Federal Court of Canada in an effort to prevent CIC from terminating Federal Skilled Worker applications prior to February 28, 2008. An agreement has been negotiated whereby CIC will not initiate the termination of applications and the return of processing fees for 90 days (starting from June 29, 2012). During this period, the lawyers involved intend to ask the Federal Court to certify our legal proceedings as a Class Action lawsuit.
Why Join the Class Action

  1. If we are successful in our legal proceedings it is possible that all affected individuals may benefit even without joining the litigation. However, this cannot be guaranteed. By joining us at this time you can be certain that your application will be included in any successful court decision or negotiated settlement that is reached with CIC.
  2. Additional numbers of applicants directly challenging the law lets the Canadian government know that there are many affected persons who feel the law is unfair. The more applicants who are willing to take a stand against what they feel is legally wrong sends a stronger message to the Canadian government.
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3 Comments

  1. Sujith says:

    It is a very unfair decision, (elimination of pre 27th Feb. 2008 applications) as those applicants including myself patiently waited 5 years (since 2007, and some even before) to be processed the application, during the period lost/missed lot of other opportunities for personnel and occupational development (as could not commit on those due to the hopes behind this application with good faith), mere refunding of processing fee will not able to cover damage caused during this long period (we lost interest to the amount that we invested as processing fee), kept proof of funds in bank accounts with low interest (there were lot of other profitble interventions that funds would have been mobilized). In addition wasted our time asking to to update our info with police certificates, proof of funds, other related infomation and further asked to go for medical test. After doing all of these and passing 5 years the answere is your case is suspended. This is against law of natural justice, against law of obligations. If CIC comes with decison after 1-2 years it could be bearable. But this is serious, very unfair.

  2. Sujith says:

    I would like to join with legal action against CIC on the decision of eliminating pre 27th Feb. 2008 applications to reduce the backlog affecting my FSW application submitted in 2007 ( and to lot of other similarly afected applicants). Hope Canadian superior courts will offer justice to affected applicants as decision of CIC violates law of natural justice fundamentally and there are lot of malpractices, unlawful decisions/actions associated, ineffciency of CIC behind the application processing exercise during last 5-6 years.

  3. Til Bahadur khadka says:

    Canadian govt is committing a serious crime with its decision to return the backloggers applications. Denying justice at this juncture promising for long to process and now terminating the file would be a inhuman act.

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