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Court Rules: Immigration Backlog Stays

Court Rules: Immigration Backlog Stays

After the federal government announced as part of the budget bill that they would be eliminating almost 300,000 immigration applications and starting over withe a clean slate, there was outrage.

The government says they will refund fees and that these applicants can feel free to apply again under the new rules. A faint hope.

900 skilled workers who had been waiting to have their application reviewed decided to sue Jason Kenney, the Minister of Immigration.The lawyers in the case argued that the minister could not break the promise to these people to duly process their applications.

Since 2008, the minister has had the power to personally decide which applications would go through the system and which would not (which also caused some outrage at the time). The judge in the case ruled that this allows him to return applications that were never processed, but once an application starts being processed, the minister can’t stop it. He also has a duty to make sure that applications are processed in “reasonably timely manner.”

The litigants in the case said they had been waiting for their applications to move through the system for years, some for almost a decade.

The group of immigration lawyers is seeking an injunction to stop the changes while more cases like this one play out. Bill C-38, which includes the changes, should face third reading in the House of Commons between June 19 and 22.

Related Stories:

Immigration Minister Sinks To New Low

What Is In The Budget Implementation Bill?

Update: Canadian Government Inundated On C-38

Read more: , , , , ,

Photo Credit: Leadnow Canada

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1:33AM PDT on Aug 29, 2015

Thank you!

9:05AM PDT on Jun 19, 2012

This is a very poorly written article; it gives no indication of which country this happened in. If it weren't for the "related articles" section, all I would have is a belief that it was either the UK or perhaps a commonwealth nation.

8:59AM PDT on Jun 19, 2012

I am with Sandra W. Neither the United States nor Canada should be the dumping ground for every failed Central and South American countries excess populations; not to mention the swarms of Middle Eastern immigrants over running Europe. People can't just go where they please; that's why we have nations and boundaries. And these other nations are certainly not reciprocal.

When I visited Egypt a few years back; it's government needed to know my every move and needed proof of my return ticket to USA. And any Egyptian money still in my wallet at the end of my journey had to be handed over at customs. I couldn't just send Egyptian money home to my relatives and I couldn't just roam around Egypt and stay as long as I pleased.

7:47AM PDT on Jun 19, 2012

Michael M - what on earth are you smoking?????

Dee D - those who have applications pending are not IMMIGRANTS - they are ALIENS awaiting approval for immigration. And I doubt they will be deported if they simply re-apply.

6:56AM PDT on Jun 19, 2012

We don't need any more immigrants.. There are to many people here as it is and no jobs for those that already live here. We need to be more like Australia... Thousands of people are homeless or are starving right here in Canada. We need to start looking after our own people before we continue to bring in more from other countries.

6:31AM PDT on Jun 19, 2012

Promises are broken each and every day ... that's the lesson of life to be cleaned up. How do you think it's going so far?

5:26AM PDT on Jun 19, 2012

Another case of big government at work!

4:30AM PDT on Jun 19, 2012

protect life, prosecute those that seek to destroy our shared home and our fellow beings
life has value beyond measure
Peace and Love
*********** WALL OF SHAME ************
┬┴┬┴┬┴ The Wall ┬┴┬┴┬┴┬┴┬┴
DEMOLISH ------>>>>> THIS WALL !!!!

3:58AM PDT on Jun 19, 2012


8:43PM PDT on Jun 18, 2012

Thanks for the post.

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