Blog > 2013 > Pre-February 28th, 2008 Applicants Have Had Their Day in Court

Pre-February 28th, 2008 Applicants Have Had Their Day in Court

January 30th, 2013

Earlier this month, the Federal Court heard arguments in a number of joined cases against the Minister of Citizenship and Immigration in relation to the government’s plan to terminate almost 98,000 Skilled Worker permanent resident applications. Including dependents, some 280,000 people will be affected by the court’s decision.

The lawyers who appeared before Justice Rennie on behalf of the applicants were my co-counsel Mario Bellissimo as well as Lorne Waldman, Rocco Galati, Matthew Jeffery and Lawrence Wong. I commend all of them for their demeanor and persuasive presentations.

Each lawyer attacked the government’s position on separate grounds but with the common goal of striking down the legislation that permits the Immigration Minister to toss out the applications before assessing them. Bear in mind that some applicants have been waiting in line for more than seven years.

Mr. Bellissimo’s main argument, put forth on behalf of our clients, is that the enabling legislation, subsection 87.4 (I) of the Immigration and Refugee Protection Act (IRPA) violates subsection 15 (I) of the Canadian Charter of Rights and Freedoms (the Charter).

It is submitted that the manner in which Citizenship and Immigration Canada (CIC) processes applications for permanent residence leads to discrimination on the basis of an applicant’s national origin, an enumerated ground under subsection 15 (I) of the Charter. This is so because applicants may only submit their application to specified visa offices for processing, depending upon either their country of legal residence or their country of citizenship.

Processing times at different visa offices vary greatly and as a result an individual’s national origin will determine the rate at which his or her application is processed. CIC prioritizes certain visa offices – and thus certain nationalities – over others and therefore termination of applications at this stage will disproportionately affect those applicants who submitted to visa offices not prioritized by CIC. Consequently, it is argued that subsection 87.4 (I) is contrary to the Charter and should be struck down as having no force or effect.

To support his position, Mr. Bellissimo relied upon statistics which indicate that visa offices in the Americas and Europe managed to process approximately 90% of their backlogged applications while visa offices in Africa, the Middle East, and Asia only processed about 40% of their backlogged inventory.

To be fair, it should be noted that the Immigration Minister, through counsel, has responded to all of the arguments raised by the applicants and has asserted the right of Parliament to pass legislation it deems proper in the circumstances.

Now we await Justice Rennie’s decision. Even that may not bring this saga to an end, as the losing side will have the opportunity to appeal.



 
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123 Responses to “Pre-February 28th, 2008 Applicants Have Had Their Day in Court”

  • On January 31st, 2013, Anonymous said ...

    This is great news. I have not been able to access the status of my application after it had shown ‘Decision Made’ and I was worried that all hope was lost.

  • On January 31st, 2013, talal karout said ...

    we hope to have decision from justice in February we are very argent to go out from Syria thanks

  • On January 31st, 2013, jamal naqi said ...

    Justice……………???????????

  • On January 31st, 2013, Anonymous said ...

    How about my application submitted last 2006 until now no actions…

  • On January 31st, 2013, Hafiz said ...

    I had submitted my imm aplication at the Singapore office in July 2007. In 2011 I gat a mail whether I am still interested to wait, or want my fee back. I opted to wait. now my status still shows “under process”. Will it ever happen?

  • On January 31st, 2013, ifede oladunni said ...

    the representative lawyer have done well, but they should let judge realise that backlog should be treating first before any other application

  • On January 31st, 2013, Sawsan Merhej said ...

    Can I know the reason of why those applications were terminated?

  • On January 31st, 2013, HARDEEPSINGH said ...

    They are going to deceive all people who had patiently waited their justice and many who even documents kept in dark .Did not ask to apply in fast track? Big financially loss as well as mentally.

  • On January 31st, 2013, Anonymous said ...

    cic took 7 years from our life planning ,its relay pathetic.

  • On January 31st, 2013, Anonymous said ...

    I prefer the lawyer and the Canadian Govermnent returm me the money I already paid them.
    I no longer trust this visa application system

  • On January 31st, 2013, zubair said ...

    We have heared about the Human rights importance in Canada.We hope that a lose of important seven yeas of a person should be minimized hoever that could not be returned back by the canadian government.i am in a great depression after their inhuman decision.

  • On January 31st, 2013, Anonymous said ...

    great news

  • On January 31st, 2013, Anonymous said ...

    The CIC caused many person’s lives to be placed on hold and on top of that they still have our monies. That is inconsiderate of them. Give us our monies back.

  • On January 31st, 2013, estrellita c. asuncion said ...

    Thank you so much to all the lawyers who represents pre-feb 2008 applicants, praying for a just decision from Justice Rennie. God bless all of you.

  • On February 1st, 2013, Anonymous said ...

    I waiting for 7 years and no answer for me… I’m a mother I need work and go to the school.. Please put a little of love in all the people who waiting every day for a good news in the mail.. Like me, My husband and my Daughters… Just pay atention for all this people who just want an opportunity in this country :’(

  • On February 1st, 2013, Anonymous said ...

    This is good news to see the lawyers at work for the immigration in justice melted on people who have waited paticiently for over seven years running and a new law will now wipe off the hope of all the law abiding would be immigrants by Akin Nigeria

  • On February 1st, 2013, Anonymous said ...

    In my case had medical, paid RPRF after long waiting in 2012 Feb, i think Colombo, sri lanka High Commission woke up at the edge of everything about to happen. i really do not understand the way sri lanka canadian high commission work. they at a great deal process tamil nationals visa applications whether it is PR, study, visitor or work permit. from the stats i have explosed to it looks like all the backloggers are singhalese nationals. no wonder Canada has a separate place for the srilankan tamils to live in toronto.

  • On February 1st, 2013, anonymous said ...

    cic didn’t know that our dependents are now of working age,a plus factor in our application.they are now an asset and will contribute much in their economy.am a 2007 applicant.

  • On February 1st, 2013, Anonymous said ...

    Canada is going to be a land of cheats..

  • On February 1st, 2013, ramprasadbalasubramaniam said ...

    why there is delay in justice

  • On February 1st, 2013, Sher Khan said ...

    I am as depressed as many other pre feb-2008 applicants waiting and dreaming to immigrate to Canada. The worse case in my knowledge is one of my colleague has taken high stress of this decision and got a heart attack and passed away (what a loss), although he has graduated from Canada and was waiting for decision of his application. In my case, I am thinking about honorable minister Cheney, how inhuman it is to keep such a large number of applicants waiting for more than double the time period mentioned on the official receipt of acceptance of application by Canadian Visa Officer and then inform that due to certain reasons we scrap it, returning the fee! It is totally inhuman decision, and we trust the Canadian Justice system will bring it to a logical conclusion, as this is matter of 280,000 people around the world!

  • On February 1st, 2013, Sher Khan said ...

    We in the developing world want to immigrate to Canada and elsewhere, being fed up with the systems. Due to injustice, corruption, non equal rights, this part of the world is not live able for those who believe on it. The current decision about immigration applicants by the Minister has drained some of this belief (at least my) on the prevailing systems in Canada. I am now with the conclusion that injustice is prevailing everywhere, in some places more and in some places less. Most the applicants I have came a-crossed are losing the faith on the Justice System; one person said that even the Justice System in Canada will be influenced by the politicians to make decision as according to the lines of politicians! who knows let us wait for the outcome and know it!

  • On February 1st, 2013, Anonymous said ...

    A logical and rational administration, will not allow “backloggers”, it happened because they were taken for granted as desperate fooles who get manipulated easily. But the Judiciary has maintained it’s dignity and I feel there will be a fair deal with all……TRUTH WILL PREVAIL.

  • On February 1st, 2013, Shonubi said ...

    CIC, i hope Canada is the place? Where is the Justice and Equal Rights here? I praise the Lawyers for a great job. But am disappointed in the Canadian Government since September,2006 till date…… Life goes on!!!!

  • On February 1st, 2013, Anonymous said ...

    WE WANT JUSTICE FROM JUSTICE RENNIE.

  • On February 1st, 2013, ammar said ...

    We will supplicate to god to give us the justice and try to re-think again that we suffered and still suffering from your decision plz think again

  • On February 1st, 2013, Anonymous said ...

    Pre Feb 2008, is completely unjustified decision, i lost 5 years and have not taken many life decisions which might be beneficial to me and my family.
    There is no point of calling new applications in FSW without solving the current backlog status. We will lose age points in any case….

  • On February 1st, 2013, Navid said ...

    I applied in Canadian immigration programme as I trusted that Canada is free and fair country. But this UNFAIR, UNJUST and ILLEGAL termination of backlog by Canadian Minister and Process of legislation from the Parliament proves that Canada is another bogus republic.Reputation of Canada has been tarnished due to this illicit and unlawful decision.Now we are depending upon Judiciary of Canada which will shortly reveal its face also.If this UNFAIR, UNLAWFUL amendment is struct down by the court then maybe it will take years to heal the damages done by this wastage of time and money.If this is the true face of Canada then we were fools who wasted their life over it we should have applied to CONGO instead.

  • On February 1st, 2013, Anonymous said ...

    this is injustice, rude behaviour of court ,ruin our dreams.God llbe the great judge.

  • On February 1st, 2013, Anonymous said ...

    Well said, Mr. Cohen. This is totally Discrimination on base of applicant’s national origin. Everyone must Condemn Jason Kenne’s approach to eliminate backlog by warehousing the Pre-feb 2008 applications. We have faith in GOD.

  • On February 1st, 2013, Mel from the Phils. said ...

    Almost 6 years of waiting! CIC should first processed all applications!

  • On February 1st, 2013, Anwer Rafique said ...

    Well, David Cohen and his co counsel alongwith other notable lawyers are doing their utmost to logically settle this injustice for the affectees. Let’s believe that the Canadian justice will come out as the final winner.

  • On February 2nd, 2013, ramin said ...

    CIC says that they want to call new applicants in may 2013.they ignore 280000 people who were young one day and applied for Canada .it was not our fault to became backlog .this is in justice for Canada which claim to respect human rights.

  • On February 2nd, 2013, Anonymous said ...

    please process first our applications before receiving new one. i received my file number dec., 2007 and we’re still hoping and waiting for your good decisions

  • On February 2nd, 2013, Anonymous said ...

    cic must process the application before 2008. they should think at our place. I hope that Hon’ble Judge Rennie will give justice.

  • On February 2nd, 2013, Anonymous said ...

    Hope our application will process as soon as possible, its more than 5 years until now no response

  • On February 2nd, 2013, Anonymous said ...

    i also got decision made in my application status now what will happen to my application god knows ? waiting for five years.

  • On February 2nd, 2013, Navid said ...

    This is an example that education, justice, equality and respect does’nt come from educational degrees.Canadians say they are all literate, so this is what literacy teaches: To become RACIST, to make laws in the parliament based on ethnic backgrounds and
    Racism. To be a fraudster to make different times of processing of immigrant applications different for Europe and Americas and different for rest of the world.This is how developed and cultural societies behave. These are the ethics that you START a programme, call applications worldwide and dump them after 8-9 years saying that these can’t be processed. Because of less staffing, and mis-management, and because that the pathetic well studied programme made by YOU 8 years ago was not fulfilling the Canadian Market.Are these the after-effects of better education , pragmatic thinking and behavior of developed nations.So these were the whole “developments” that you were talking about. And you call yourself a cultured , well mannered, educated and developed society.And what to talk about, blind parliament of yours, well educated, wise and able, who studied this amendment of backlog reduction formula so DEEPLY that its contents were found just great and it was ratified.So this is how Parliaments of developed countries work. I don’t want to add more…I think this is enough for someone who is taught something about “self respect”, “justice”, “keeping promises” and a little bit of working mind.

  • On February 2nd, 2013, Preet Pal Singh Nandha said ...

    By termination of the applications by the Canadian immigration authority, not only wasted the money and time of the people but it has make the moral of the people very low. Because the people were having good faith that sooner or later our turn wil come. But this termination decision has made so many people mentally upset. Now again there is a news of taking fresh applications. Please stop playing with sentiments of the people. If you want to take new applications please first do justice with the previous applications.

  • On February 3rd, 2013, Arif said ...

    I had submitted my imm aplication at the Singapore office in May 2007. In 2011 I gat a mail whether I am still interested to wait, or want my fee back. I opted to wait. now my status still shows “under process”. Will it ever happen?

  • On February 4th, 2013, Pawan Kumar Vashishth said ...

    Pre Feb 2008, is completely unjustified decision,Ihad applied in 2005 i lost 8 years and have not taken many life decisions which might be beneficial to me and my family.
    There is no point of calling new applications in FSW without solving the current backlog status. We will lose age points in any case….

    WE WANT JUSTICE FROM JUSTICE RENNIE

    Thanks

  • On February 4th, 2013, Anonymous said ...

    Well done I appreciate your effort for justice.

  • On February 4th, 2013, Rakesh Kumar said ...

    I applied in Canadian immigration program as I trusted that Canada is free and fair country. But this UNFAIR, UNJUST and ILLEGAL termination of backlog by Canadian Minister and Process of legislation from the Parliament proves that Canada is another bogus republic.Reputation of Canada will be tarnished due to this illicit and unlawful decision.Now we are depending upon Judiciary of Canada which will shortly reveal its face also.If this UNFAIR, UNLAWFUL amendment is struck down by the court then maybe it will take years to heal the damages done by this wastage of time and money.If this is the true face of Canada then we were fools who wasted their life over it we should have applied to Australia instead.
    BUT I HAVE FAITH IN CANADA AND GOD.THINGS WILL BE ALLRIGHT

  • On February 4th, 2013, iqbal ahmed panhwar said ...

    i m also waiting for court decision .

  • On February 4th, 2013, iqbal ahmed panhwar said ...

    i applied in june 2004 and still looking cic

  • On February 4th, 2013, Sher Khan said ...

    I highly appreciate the efforts of Mr. D Cohen to contest the unfair decision of the current Government; at least there are people who feel the pain of those, who were intending to immigrate to Canada legally and deamed to live honorable life. Many of us have waited for this decision for years, just losing numerous other opportunities in their lives.

  • On February 4th, 2013, Sher Khan said ...

    One can not feel the pain of those who have suffered from this decision, without putting his/her foot in the shoes of those who have suffered.

  • On February 4th, 2013, Anonymous said ...

    I have never seen this kind of government system B 4,if any government any where in the world emplement any new rule that rule will only effect the new applicants not the applicants that have been waiting for years,any-way the minister have never experience this before that is why he feels free to do what his doing.

  • On February 4th, 2013, paramjit sandhu said ...

    it is unjustified to accept new applications while throwing the pre feb 08 ones into the dustbins

  • On February 6th, 2013, Azareal said ...

    To be frank I am appalled by the original decision of the government to simply ‘cancel’ the applications prior to proper due processing.

    I submitted my application in 2007 and on March 2012, I finally received a reply asking me to submit all the necessary documentation for processing, to which I did. Only now do I find out that there seemed to be absolutely no intention to actually process my application.

    As a legal practitioner (UK jurisdiction), I find it unacceptable that the Canadian government is actually so empowered to make a decision which cannot logically be legal. In essence, the Minister is implying that the Canadian government is unbound from any restrictions whatsoever from throwing out any applications based on their whims and fancies; e.g. It would seem that if Mr. Kenney does not like your face then too bad, you’re out.

    What were the other grounds for the plaintiff’s case ? Does this not beach the basic tenets of Canadian Immigration law, i.e. that there must be some sort of process based on valid justifiable grounds ?

  • On February 6th, 2013, Anonymous said ...

    it was very easy for the minister to annouce such a disappointed news but it made our lives so stressful…it broke down the dreams of many applicants who are anxious to make a stand in life ….. and moreover lost many years of their lives in hell…..can now minister mend the time that people lost ?

  • On February 7th, 2013, Ajay Khawas said ...

    It’s really a great news. Hope we will get Justice and Justice only Justice……. because we have lost our more than five years decorating our Dreams to live in Canada……..

  • On February 7th, 2013, Anonymous said ...

    I lodged the file in oct 2006. Still waiting. Canadian immigration dept argues that by virtue of power given by the parliament they are removing the backlog without giving any logical reason to it. For example…. say after tomorrow or some years later, if candaian population increases beyond managable limits so some other minister or government would come and say that they have power to remove the excess population and people have to leave canada… Hopeless…. Naked fact is that they have failed to keep their promise and shamlessly want to remove the backlog.

  • On February 8th, 2013, rpbs said ...

    What is this one side I am receiving mails that canada is opening up for more immigrant, other side I am seeing there is huge back log of 98k application from asia. My only request to canadian govt not open up further unless until all the back logs is cleared.

  • On February 8th, 2013, shahzad ismail said ...

    It’s really a great news, we hope that we all will get justice
    very soon. Good bless to all the lawyers who defending our case in the court.

  • On February 8th, 2013, shahzad ismail said ...

    we have lost almost 6 years. hope justice will be given to us

  • On February 10th, 2013, faiqa tauqeer said ...

    processing of my case started in july 2007 and now by this termination law i have to plan every thing once again.it really disturbed my family.still i hope justice and yet not received any thing from embassy in black and white about the implementation of new law.

  • On February 10th, 2013, Nadeem said ...

    I i applied as fswp in 2006 and i arranged my arranged employ in jan.2009.i trust in God He will help me.

  • On February 11th, 2013, Anonymous said ...

    i hope in future you will fill the way we pre-2008 applicants fill now, CANADA IMMIGRATION MINISTER

  • On February 11th, 2013, Anonymous said ...

    If only the decision makers understand that caste, creed, religion is never the basis of determining a person, a human being is always different even if they live together in a family, right people still want to help the developed countries and in turn help themselves which always lays stone for a self sustained and rich country.

  • On February 13th, 2013, Anonymous said ...

    I submitted my application August,2005. it is almost 8yrs now. My dream is to live in Canada and no one can dash my dream with injustice. i am rest assure that the court decision will be favorable.

  • On February 13th, 2013, Anonymous said ...

    I submitted my application in feb 2004, now after 9 yrs i must have put down several opportunities of settling down in the UK and other countries I’ve visited for my work related visits only because i feel as i progress, the things around me can progress and more the number of people who want to progress by doing hard work and not by means which are prevalent in countries which are corrupt can go hand in hand with country’s benefits, but looking at this decision of returning applications makes me feel so let back ….in terms of considering Canada as my top of the list seems to be fading away…

  • On February 13th, 2013, Anonymous said ...

    I request to keep talented assessors in place to understand and identify right people and not reject all if they belong to a part of the world which is known for it problems …….you see people represent countries way of perceiving things but if it goes wrong then entire country is looked upon indifferently only because of an individual.

  • On February 13th, 2013, Anonymous said ...

    I think Mr Cohen should bring all these comments to the court and show them to Justice Rennie and CIC. It is nót just about our application fee it is also about our waiting time. CIC must pay them back to us !

  • On February 19th, 2013, Anonymous said ...

    ..i admire to all the lawyers with all their unending support and efforts, looking forward for a bright tomorrow and a ray of hope ..please heavenly father guide and bless us all..we want to live and work in canada

  • On February 21st, 2013, Anonymous said ...

    Is any body aware of this case status as of today, when is the next date and when we should expect its closure?

  • On February 25th, 2013, Anonymous said ...

    we have lost almost 9 years.Canadian Govt Please check out your decision Please help us .hope justice will be given to usm

  • On February 25th, 2013, zaidi said ...

    Think Mr Cohen should bring all these comments to the court and show them to Justice Rennie and CIC. It is nót just about our application fee it is also return our precious time which was waste. CIC must pay them back to us! This is completely unjustified decision. CIC first solve the backlog then get the new applications.

  • On February 25th, 2013, Anonymous said ...

    I left other opportunities with a hope that Canada application will go through. And after such a long wait application is rejected without even before consideration. It is very unfair.

  • On February 26th, 2013, Jeff Chiu said ...

    I would like to express my disappointment with this situation. I have waited almost 8 years now, I was 38 when I applied, now I am already 45 turning 46 this year. Never in one day during my waiting period have I stop hoping that the day will come for me to be able to live and work in Canada.

    During the time when I was waiting for the processing of my papers, I have given up a lot of overseas job opportunities from Taiwan, Macau and New Zealand, because I do not intend to live in another country except in Canada.

    The waiting period is mentally and emotionally draining. In the acknowledgement letter which I received from CIC office in Manila last 2005, I was told that the processing period will only be for 39 months, but from 39 months it became 40+ to 50+ to 60+ to 70+ and to 80+ months. It is indeed a mental and emotional torture for people like me who have given up a lot of opportunities while waiting for the approval of my application.

    May justice prevail. Help us God.

  • On February 26th, 2013, Anonymous said ...

    Mr. David Kohen, thank you very much sir for all your efforts. I applied in January 2007 and waiting for a long unbearable 6 years. Very shocked to see some of my colleagues who applied just 2 years before already in canada. Is it my fault to show an interest long earlier than these folks? Who can answer my question? Now I discover myself in a position where I can’t even qualify in the new system just because my age! What a shame!

    However I’ve given up! The last line of Mr. Cohen has even strengthen my belief, ‘Even that may not bring this saga to an end, as the losing side will have the opportunity to appeal.’

  • On February 27th, 2013, Anonymous said ...

    Hello David, with selflessness we are with you. Note that normal processing time of my application is already over and I am still waiting over last 9 years. I think if we look at the how they are currently accepting application, Canada does not want immigrants from certain parts of the world and this is discrimination. Canada needs more population to boost economy and this is the chance for CIC. So far CIC has done nothing and now cannot say good bye after 5-9 years. This is dictatorship of current ruling government of Canada. I want to reunite with my family in Canada and there is no other option if my application is rejected. Canada is land of immigrants and it does not belong to one and taking decision. Today Canada is flourished because of multiculturalism and immigrants from different parts of the world. Mr. Cohen…, there is one option we can ask to CIC. Process all backlog applications and give an applicant a choice to land in provinces of Canada other than Ontario, Quebec or Vancouver (if they applied for Ontario, Quebec or Vancouver). This way Alberta, Saskatchewan, Manitoba and other provinces will be flourished. Oh Canada…God Bless you and all.

  • On February 28th, 2013, Sher Khan said ...

    Bear in mind some applicants are waiting since 8 years + instead of 7 years as mentioned by David Cohen…! I have submitted my application in June 2004. As mentioned by other’s waited patiently but a wrong decision has suffered us all!

  • On February 28th, 2013, Sher Khan said ...

    At least I have lost my trust and faith on Judicial system of Canada. I CAN NOT LOOSE SOME MORE MONTHS AND YEARS OF MY LIFE WITH ANOTHER FAITH WHICH I THINK WILL END UP IN TO ANOTHER DISAPPOINTMENT. BETTER CLOSE THIS CHAPTER F THINKING ABOUT CANADA!

  • On March 3rd, 2013, Anonymous said ...

    it takes an average of 5years for somebody to finish university program how can canada gov wast such a long time from people life and even feel free to say they will no longer proccess there applications is inhuman.

  • On March 12th, 2013, alathami ahmed said ...

    actually im very disapointed after all these news why they did this its owfull may god belp us and our dream will come true

  • On March 13th, 2013, Anonymous said ...

    if educated people can do injustice what to say????its not a matter of fee.we have stiil two kids in a hope of immigration.we have lost so many oppertunities.i request those educated people to consider first those who are waiting for a long time.and pay regards to all the lawyers who are with justice

  • On March 13th, 2013, Anonymous said ...

    i think they should return our time of waiting not money.please the president of canada should consider our rights.why not they told us in one year that thay can reject.why after 8 years of waiting.we dont know what decision is made by them.but but still i think thay cant do injustice. i dont know my mind dont accept of injustice in canada

  • On March 14th, 2013, Anonymous said ...

    Dear all, have you all checked your status online on CIC.GC.CA. They have stopped displaying the status of file since last 2-3 months. Request all to chech their respective status and post their experience over here. One more cunning step by CIC….

  • On March 16th, 2013, Anonymous said ...

    I have full faith on canadian justice system. I am waiting for that glory day when the decision come and i pray to GOD that decision must come in our side, as we people are waiting for our turn for the last 6-7 years. I am also unable to check my current status for the last 2-3 months. GOD KNOWS ……plz dont do discrimination with pre 2008 we are also human being and have heart that is hurt now.

  • On March 17th, 2013, Anonymous said ...

    Finally 2004 applicant status is also disappeared from cic website. What is the status of lawsuit. I could not see the updates on this anywhere on web.

  • On March 19th, 2013, Anonymous said ...

    I’m waiting for 9 years and still in waiting list may b not :( ..decision should be n our side ..we can’t wait now n i really donot have faith n gov of canada its totlly unfair

  • On March 23rd, 2013, INDIA said ...

    IT HAS BEEN SIMPLY FOOLISH DECISION TO ABOLISH OLD CASES. HOPE 4 GOOD RESULT THROUGH LITIGATION.

  • On March 29th, 2013, Prasanna India said ...

    I applied in Jan 2005, got my updation letter in 2009, making me to be believe that i would receive medicals in 6 months time. This decision was ridiculous and shattered our dream. Unfair gov policy and law. Hope to get justice and relief for us, no refund but PR.

  • On March 29th, 2013, Anonymous said ...

    i m also waiting for 7 years. i think decision should make immidiatly so that we can choose another way in future.we already waste our golden years

  • On April 1st, 2013, india said ...

    please clear old cases

  • On April 8th, 2013, Anonymous said ...

    Respected Sir,
    I am writing this letter with hope that you can understand the feeling of a common man whose dreams have been shattered due to the decision taken by the Honorable Minister of Citizenship and Immigration Mr. Jason Kenny to terminate pre 2008 application for permanent residents in Federal skilled category that are almost 98,000.This will not only effect that 98000 people but also effect their dependents that are almost 280000 people by the CIC’s decision. I do not know who should be blamed Mr. Kenny who innovated this idea or the Government who supported his decision for the punishment given to these people who did the crime to trust the Canada and it’s charted of rights and freedom. I think I never heard any country in the world has done this before. I know that people get punished if they do crime but I never seen that somebody gets punished for the crime they never did. It’s the fault of Canadian Government’s miss management or less staffing or whatever reasons it may be, but the Govt. punished the Innocent people who waited patiently for more than 8 years with trust that they get permanent residence one day. The Govt. not only broke the trust they have on Canadian system but also shattered their dreams to settle in the dream country Canada. On 28th March honorable Minister Mr. canny said that the CIC has reduced the backlog by 40%.I suggest him that CIC can reduce the backlog by 100% by terminating all the application and it will be his best achievement. He will be the first minister in the history of Canada who has achieved such a goal. I live in developing world where we can expect such a decision by the Govt. but never from Canadian Govt. who represent literate and civilized people. I expect even from Canadian people who should raised voice against this decision. There is lot of people coming to Canada on work permits so it means that Canada needs the people. The CIC wants young people so our files have been terminated because we are not young now. I am 35 when I applied. Now I have two young children one is 19 and the second is 18 years old and the stories are the same with other applicants. SO according to my advice The court should direct to Canadian Govt. that the people who are waiting for more than at least 7 years should be granted work permits till they get PR or the decision taken by the honorable Court.

  • On April 8th, 2013, India said ...

    Why did Canada Govt open 2 new queues? Because the others applied during the Liberal Govt? Tory Govt, Dont play politics with our future!!!

  • On April 9th, 2013, Anonymous said ...

    all will end well

  • On April 10th, 2013, Anonymous said ...

    Mr. Kenny is saying that 40% of backlog has been reduced can he justify this he has just eliminated old cases. What about Citizenship applications? It still takes more time what he will do there he will not give them citizenship or they will also be eliminated the say way to reduce the backlog. I applied in april 2004 for PR 107 Months wait ……………………

  • On April 13th, 2013, Anonymous said ...

    CIC accepted the fsw applications and fees for processing, moreover, CIC sent letters to all awaiting applicants whether they were interested to keep the applications with CIC for processing or they want to get back their fees. CIC kept the money received in Canadian dollars from the applicants for several years and now CIC refunding the same amount in local currencies, still CIC is ready to receive fsw applications from 4 May, 2013. In this perspective, one can raise question on Canadian Government’s honesty and integrity. Is not it wise to lodge suits on breach of trust with compensation in the International Court of Justice?

  • On April 16th, 2013, indian said ...

    It is quite horryfying how canada plays with our future.imagine we have lost prime time of our age in waitiing canada’s reply & when they replied they detroyed the future of our kids.there is no difference b/w canadian govt.& the govts. Who leads in cheating & cheating

  • On April 17th, 2013, Anonymous said ...

    you are right my friend

  • On April 17th, 2013, Anonymous said ...

    What is the result?

  • On April 18th, 2013, Old Friend said ...

    To be realistic,everything is finished for applicants pre- Feb 2008.
    It is hard , but real.

  • On April 18th, 2013, Anonymous said ...

    Dear All,
    What is the latest update on court’s hearing on backlog case…. Justice Donald Rennie issued some directions in his last hearing to check applicablility of Canadian Citizen Charter on the affected applicants…. Does any body has latest update on this case ??? Please share updates with all regularly…… Please remember ….. WE ALL ARE SAILING IN THE SAME BOAT….. which Mr. Jason Kenny has punctured with his venomous decision….

  • On April 19th, 2013, Anonymous said ...

    justice rennie has no guts to make a verdict against parliament or immigration ministry

  • On April 25th, 2013, Anonymous said ...

    The case is lost…..

  • On April 28th, 2013, Anonymous said ...

    Friends, I was issued US visitor visa and travelled twice to USA but never overstayed or worked illegal in that country. I thought any wrong step may affect my Canadian PR application. US people respect human rights and same was expected from Canada. By terminating pre february 2008 PR applications Canada has broken trust and now i have lost faith in them. They should not have accepted applications under federal skilled worker programe and wasted precious years of our carrer.

  • On April 30th, 2013, Anonymous said ...

    We are Nov 2007 applicants, after waiting too long, in Feb 2012 they asked us to go under Medical check and sent the rest of payment to RPRF and sent all original documents, we hope it was decent treat.

  • On May 16th, 2013, D'souza said ...

    We applied in Oct.2007 & our money still with CIC. How they they be so inconsiderate just by taking a decision. Moreover being bias as some embassies grant visas in a matter of weeks, UAE has the worst processing time(probably the staff needs to be fired & some fresh blood needs to get in for efficiency) & if they cannot process, they shld. only accept & wonde hwta takes them so long to assess docs. which is totally un-understandable. Please Dont Play with the life & ambitions of the aspirants.

  • On May 16th, 2013, Boss said ...

    If CIC has made a decision, why on earth are they holding money of the applications pre-2008. Isnt it their moral duty to reimburse or for Gods sake dont tell me we’ll have to wait another 7 years or a law maker in order we get our money back. This system is getting clogged.

  • On May 16th, 2013, Anonymous. said ...

    Work permit granted on the same day in Jordam embassy, Saudi processes in weeks, Au-Dhabi needs 8-10 months…..Ridiculous!!! Are these people trying to secure their jobs for long term in the name of backlog?

  • On May 20th, 2013, 2005 Applicant said ...

    I know the plight of those who have written in length..Are we living in a world of pre Kings Age..Isnt there any law to fight for approx 300000 people..is it a small Number….Lets think practical possibility of ifghting it legally and collectively through our elected representative from our respective country..Gandhi JI has shown us a path of Non Violenc e and perseverance..lets unite for the cause..By d way we can press for compensation as in my area rate of land has increased 10 folds in 8 Yrs ..will Can Govt pay us the same…why had they taken consent for either taking refund or stay applied…God give all of us ,courage and vision to fight the injustice

  • On May 21st, 2013, Anonymous said ...

    CIC returm my fees just a week before but I am not happy on this decision and we cant do anything against their cruel decision

  • On May 29th, 2013, bijal shah said ...

    I applied for canada pr in 2007 there is no progress in our application we agerly waiting for pisitive revew in our case by canadian gov. B’case we have no planning for future in canada waiting so please give us positive justice

  • On June 16th, 2013, ahmed said ...

    we applied on 2007 and we did the medical check up on august 2012 and while waiting for visa they send us terimination letter after very long process of paper work

  • On June 19th, 2013, Anonymous said ...

    why discrimination against 300000 innocent immigration applicants. Justice will do the Justice soon. Thanks Lawyers. support the Team.. An advocate from India.

  • On June 24th, 2013, Anonymous said ...

    THIS TERMINATION DECISION IS A UNJUSTIFIED TO US; I HAVE INVESTED 7 YEARS OF MY LIFE AND AFTER PROCESSING ALL DOCUMENTS NOW THEY ARE TAKING A VERY NASTY DECISION TO ELIMINATE US. MR. KENNY IS SHOW PEOPLE, HE WAS ABLE TO REDUCE BACKLOG. I THINK THIS PERSON IS A CHEATER, REST OF THE WORLD WILL THINK NOW CANADA IS A LAND CHEATER NOT A FIRST WORLD COUNTRY. I SUBMIT ALL MY REQUIRED DOCUMENT IN 2010, THEY DID NOT PROCESSED IT. IT IS THEIR FAULT.

  • On July 8th, 2013, Anonymous said ...

    Really it is so pathetic to see this kind of decision from a country which hold the human rights at the top. We waited about 8 years and we believed cent percentage in the Canadian Govt and dont planned anything else since we are in track of immigration. But this decision was so cruel and inhuman. Kindly Mr Kerry please rethink about your reckless action.
    Lawyers we are ready to join with you and we salute the team. From the Justice we are awaiting for a just verdict…

  • On July 18th, 2013, Anonymous said ...

    I wait 7 years for immigration to canada and attend 4 times IELTS test.why the Canada goverment speak about human rights in my country IRAN what is the keep to human rights in canada i love my country and i hate canada…….

  • On July 18th, 2013, Anonymous said ...

    I apply for immigration in 2006 i sold my home after 7 years my application rejected. why the canada goverment speak about human right in Iran .Now i understand the human right in Canada why you eleminate my opinion.

  • On July 19th, 2013, SK said ...

    Ye what is the cost of our waiting time for 5 years then you just say no we have changed the law.It is totally discrinination of your own law as well nhuman right please change such terrible law and let us make our dream come true.

  • On August 14th, 2013, Ramesh kumar dutta said ...

    Canadian government please do some for 2008 rejected cases

  • On September 3rd, 2013, Rabia Tuz Zahra said ...

    Respected Sir,
    I am writing this letter with hope that you can understand the feeling of a common man whose dreams have been shattered due to the decision taken by the Honorable Minister of Citizenship and Immigration Mr. Jason Kenny to terminate pre 2008 application for permanent residents in Federal skilled category that are almost 98,000.This will not only effect that 98000 people but also effect their dependents that are almost 280000 people by the CIC’s decision. I do not know who should be blamed Mr. Kenny who innovated this idea or the Government who supported his decision for the punishment given to these people who did the crime to trust the Canada and it’s charted of rights and freedom. I think I never heard any country in the world has done this before. I know that people get punished if they do crime but I never seen that somebody gets punished for the crime they never did. It’s the fault of Canadian Government’s miss management or less staffing or whatever reasons it may be, but the Govt. punished the Innocent people who waited patiently for more than 8 years with trust that they get permanent residence one day. The Govt. not only broke the trust they have on Canadian system but also shattered their dreams to settle in the dream country Canada. On 28th March honorable Minister Mr. canny said that the CIC has reduced the backlog by 40%.I suggest him that CIC can reduce the backlog by 100% by terminating all the application and it will be his best achievement. He will be the first minister in the history of Canada who has achieved such a goal. I live in developing world where we can expect such a decision by the Govt. but never from Canadian Govt. who represent literate and civilized people. I expect even from Canadian people who should raised voice against this un justice decision. There is lot of people coming to Canada on work permits so it means that Canada needs the people. The CIC wants young people so our files have been terminated because we are not young now. I am 41 when I applied. SO according to my advice The court should direct to Canadian Govt. that the people who are waiting for more than at least 7 years should be granted work permits till they get PR or the decision taken by the honorable Court.all these wards come from the core of my heart. Regards

  • On September 20th, 2013, Anonymous said ...

    please undrstand the feelings of affectees applicants and their children and revisit the law.

  • On September 26th, 2013, US Immigration Policy said ...

    I have one query to that who called Minister Jason Kenney if you want to eliminate that backlog why don’t you did it before that all westing time of us and even we could immigrate in the new immigration system in 2010 and because we have our application already processed so we decided to wait till they finish that process. But finally we got the shock that they terminate our application and we can’t now immigrate because they have restricted in the kind of job the category occupation in compare of the opportunity i have in 2010 as accountant to immigrate. All i think now that canada we`ll never be great nation because they don’t have justice and did not respect human nation and they play a dirty policy.

  • On February 3rd, 2014, jignesh shah said ...

    My humble request to honerable judge mr.rannie sir please think about us we are waiting since 7 yrs and your un fair decision kill our confidence

  • On February 3rd, 2014, bijal shah said ...

    I waiting since 7 yrs and your decision of termination made me depression pt i lose my confidence.& willing for live life

  • On March 12th, 2014, Irfan said ...

    I applied for immigration in 2001 in 2006 was granted prc but then i send them to include my wife but they told me to send back passport which i did then on the day when the visa was expiring they called me they r cancelling my visa and then i kept on appealing again and again even asked them to send me decision copy but never received just passport and even my original IELTS score academic was kept by them just calling me and saying do not send emails. so I asked them how to apply again so they abruptly took it as my approval and sent me my landing fee this was totally wrong as the officer at islamabad highcommission gave me his number and convince me to include my wife and send passport which i obliged. then they told me to apply again so i apply in 2006 and now my case is termnated by law this was a case at islamabad high commission
    I was not given a fair chance to appeal and even i requested them to let me explain myself in interview. this is wrong atleast i should have been allowed to appeal in court as i did not receive any decision in writing and not given chance of interview.
    At that time I lost my precious money i sold my newly bought car and many more and hearing this news my wife had to be admitted to hospital as the staff at high commission Islamabad did not speak truth and misguided us i was broken and could not come out of this breach of trust for a long time.
    when i checked caips file they did not include many of my communications with them and those which were included were tailored and cut according to their choice. I have full record of all communications with Islamabad High Commission

  • On June 2nd, 2014, Anonymous said ...

    Please accept the truth that tha Canada goverment didn’t obey human right ever with reject 300.000 application all over the world and because the eliminated persons lived in different country they couldn’t find a good way to Complaint. Please complaint aginst the Canada goverment in the internation Court Such as Human right council or international court.

  • On September 30th, 2014, Tajinder Kaur said ...

    I am waiting for the positive decision.

  • On November 13th, 2014, Sukhjeet said ...

    I applied in May 2005…now I get a response that PR application is Terminated by Law on account of the Legislation passed. This is a Crime. I waited Legally for 9 years in hope and anticipation, but got penalized for being Honest and following all Rules and Regulations. I do not know what to do next? can someone guide me.

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