Im FSW MI1 applicant dated June, 2, 2010 am i affected by this issue
. If yes how can i participate in the incoming new litigation? thanks
On the eve passage of Bill C-38, the Federal Court issued a decision, declaring unlawful CIC's policy of warehousing indefinitely older federal skilled worker applications in favour of the current batch. The litigation, commenced 28 October 2011, pre-dates the Minister's March 30th announced that he would close all FSW files lodged before 27 February 2008 and not assessed as of 29 March 2012 and, thus, does not address s. 87.4 (hidden in Bill C-38). The decision applies directly only to the 900 applicants who participated in the litigation.
The litigation included applicants who had applied either before 27 February 2008 or between that date and 25 June 2010. While the former group -- about 750 -- are subject to s. 87.4, CIC agreed in writing in January that it would be "guided by" the decision in the lead cases. If the Minister honours this promise, the Minister's closing of roughly 80,000 applications (affecting about 280,000) will have their files assessed and finalized within a specified time-frame.
In the lead case, the Court ordered CIC to finalize the file by October 14th. However, because his file had been assessed in 2010, only medicals and up-dated police clearances are required. For the other litigants, the time-frame (which must still be negotiated) will likely be longer.
For those not involved in the litigation, new litigation is currently being prepared to challenge the closing of the files and will be formally launched after Parliament passes Bill C-38.