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Federal Skilled Worker Class Action Lawsuit

warmest

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Canada's immigration history one of discrimination and exclusion
The history of Canada's immigration policy has been one of exclusion. Today, the country continues to welcome some, but not others.

Debra Black, Immigration reporter, Published on Fri Feb 15 2013

Canada has a less than stellar record historically when it comes to immigration policy, having rejected or excluded Indians, Chinese, Jews and Blacks during various periods over the past century.

Today, the country no longer discriminates based on the colour of an applicant's skin or religion.

But simply having an immigration policy discriminates or excludes certain people in one form or another, says Harold Troper, an immigration historian at the University of Toronto and co-author of None is Too Many: Canada and the Jews of Europe.

The government rejects certain occupations, requires certain language skills, and makes immigration officers available in only certain parts of the world.

Without notice, in 2012, it also arbitrarily rejected a backlog of nearly 100,000 applications, representing 280,000 people, many of whom had waited years to come to Canada.

Every nation's immigration policy is written through an economic prism — it's all about what's good for the country economically, Troper says. That means someone will always be excluded or rejected.

“We don't have a turnstile and count people as they arrive and say ‘Keep an orderly line as you arrive,' “ he says.

“Certainly since Confederation, we've developed some kind of sense that, as our immigration ministers will tell you, admission to Canada is a privilege and not a right.”

Troper points to a series of notorious examples of past discrimination in Canada's immigration policy: the infamous Chinese head tax; the exclusion of black Oklahoman farmers from coming to Canada in 1910; the refusal in May 1914 of most of the 375 Indians aboard the Komagata Maru after landing in Vancouver, where the ship spent two months before it was ordered back to India; the exclusion of Jewish immigrants from the 1920s until after the Second World War.

These and other examples of discrimination paint a picture of a country — not unlike others around the world at the time — that was xenophobic and saw itself as an “Anglo-British outpost of British civility,” Troper says.

According to the Canadian Council for Refugees, specific measures taken by immigration officials included: an amendment to the Opium and Narcotic Drug Act to deport “domiciled aliens” with drug-related convictions (directed against the Chinese) in 1922; the prohibition of all Chinese immigrants in 1923; refusal of the ship the St. Louis, carrying 930 Jewish refugees, to land in 1939, forcing it to return to Europe — ultimately sentencing three-quarters of its passengers to death under the Nazi regime.

Perhaps the words of Canada's Director of Immigration Branch F.C. Blair — held responsible for the policy of not allowing Jews into Canada — best exemplifies the tone and atmosphere of the Canadian government in March 1938. Blair is quoted on the CCR website saying: “Ever since the war, efforts have been made by groups and individuals to get refugees into Canada; but we have fought all along to protect ourselves against the admission of such stateless persons without passports, for the reason that coming out of the maelstrom of war, some of them are liable to go on the rocks and when they become public charges, we have to keep them for the balance of their lives.”

Only after the Second World War did the doors to Canada begin to open — a least a little. According to Troper, officials in Ottawa were reluctant. Immigration authorities had “cut their teeth on the racist, racially-tinged immigration stuff of the 1920s and 1930s,” he explains. And they were in many ways supported by the Canadian public. Troper cites a Gallup poll in 1945 that asked Canadians who they didn't want allowed into Canada; their first choice was the Japanese, their second were Jews.

Despite these racist sentiments, there were cries for more labour from businesses to meet the needs of a postwar booming economy, forcing Canada to accept more immigrants.

After introduction of the 1952 Immigration Act, there was still room for discrimination. The act allowed for refusal of admission on grounds of nationality, ethnic group and geographical origin, and against homosexuals, drug addicts or drug traffickers.

Not until 1962 did the Minister of Citizenship and Immigration implement new guidelines removing most racial discrimination. In 1967, a points system was introduced and the last of racial discrimination was removed. Since then, the Immigration Act has been revamped and rewritten a number of times, including the most recent changes made by the Conservative Party last year.

That doesn't mean immigration laws welcome everyone.

“There are administrative policies (such as how many visa officers are assigned to different posts and how the processing is done) that may have the impact of excluding, although the policy intent is never expressed to exclude,” said Naomi Alboim, a Queen's University professor who specializes in immigration policy.

Regardless how many applications Ottawa receives, a set quota allows for about 250,000 new immigrants each year. Immigration policy-makers have to juggle who they let in and under what categories — skilled worker or professional, family member, skilled tradesman, live-in caregiver, sponsored spouse — within those confines, explains Alboim. Sometimes the number of immigrants allowed in under each category fluctuates, depending on the country's needs. She said recent changes by Ottawa — ending the Federal Skilled Worker Program with a plan to revamp it; closure of the Business Class; replacing parent and grandparent applications with a super visa; applying conditions to permanent residency for spouses; introduction of higher fluency and language skills in English and French — all point to a tighter border for certain immigrants.

“More or less the 250,000 figure has remained constant; but who is comprising that 250,000 is a much more exclusive group and it's not including a lot of people who would have been eligible to come to Canada in the past,” says Alboim.

Applicants from a lot of non-English-speaking countries will be excluded and Alboim questions that strategy. “I think it is very much a short-sighted policy of looking at immigration to fill immediate labour market needs. It's looking at immigration as a kind of employment agency process rather than a longer-term nation-building process.”

She points to Chinese immigrants, for example, many of whom will be excluded because they don't speak English well. “Do we really want the number of Chinese immigrants to go down significantly when trade with China is so important?”

Alboim believes the kind of people Canada needs are not just those who can fill a job now, but who can “adapt and develop to fill different jobs as they evolve and, most important, will stay in the country and have children and grandchildren and contribute.

“When you allow people to bring in their spouses, their parents, it means they will stay here, spend money here, invest in the country and the future of the country, and they will look to their children as their future here rather than abroad.”

http://www.thestar.com/news/immigration/2013/02/15/canadas_immigration_history_one_of_discrimination_and_exclusion.html
 

warmest

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Welcome to the Star's Immigration page

Debra Black and Nicholas Keung, Immigration Reporters, Published on Fri Feb 15 2013

The Star has launched its Immigration and Diversity Page, an online resource of information, commentary and personal stories documenting Canada's changing immigration landscape.

The page will serve as a public record documenting the country's immigration past, present and future for years to come.

We begin with a special mapping project looking back at the country's immigration patterns.

The first series of interactive maps and charts shows the number of immigration applications received, and rejected, from every country around the world over a 10-year period, from 2001 to 2011 — with many countries having a rejection rate hovering around 45 per cent.

By clicking on different maps, individual years and countries, readers can see a change in patterns based not only on Ottawa's fluctuating regulations but also on shifting demand, often depending on overseas war, politics and economics.

In total, Canada received 4,419,163 applications from 2001 to 2011, rejecting 826,781 or an overall 18.7 per cent over the decade.

The highest year for applications was 2001 at 551,510, just prior to changes to the Immigration and Refugee Act introduced by the Liberals in 2002. That same year, 69,451 applications, or about 14.2 per cent, were rejected although some were received in previous years.

The largest number of rejections — 110,349 — took place in 2005, representing a rejection rate of 31.1 per cent.

The data reveals other interesting facts. For instance, only a single application was filed from some countries in a given year, including Greenland, Liechtenstein, Sao Tome and Principe, the Solomon Islands, Tonga, Tuvalu and Vanuatu.

The raw data, provided by Citizenship and Immigration and analyzed by the Star's Aneurin Bosley and Matthew Cole, does not include acceptance rates. It focuses solely on applications and rejections. However, for those who aren't immediately rejected, acceptance for permanent residence is not a forgone conclusion. The immigration process can take several years.

A note about the maps: There are some gaps in the data (that can be downloaded here), which had to be addressed. For example, there are records where the country of birth was listed as “Africa” or “Asia.” These records were removed before the maps were created, because, as noted by Citizenship and Immigration, there is no way to know which country they belong in. As also noted, these numbers are mostly very small, and have a negligible impact on the overall data.

Some other entries have been consolidated. For example, Guadeloupe, Martinique and Mayotte and St. Pierre and Miquelon have been added to France, while Azores and Madeira have been added to Portugal. These groupings are noted in the map hot-spots.
Finally, population numbers are based upon World Bank data.

http://www.thestar.com/news/immigration/2013/02/15/welcome_to_the_stars_immigration_page.html
 

sbernados

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any good news for the litigants? :(
 

sac

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sbernados said:
any good news for the litigants? :(
seems nothing yet. there is silence. . .
 

maran1976

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Feb 22, 2010
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the certified Q by both the counsels will have to be submitted by 22nd. Then the justice will ponder over it. So, I don't expect anything from the court at least until 1st week of March
 

nilay4647

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Jan 12, 2013
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"the certified Q by both the counsels will have to be submitted by 22nd. Then the justice will ponder over it. So, I don't expect anything from the court at least until 1st week of March"

it like tarikh par tarikh aur kuch nahin ???????????? :mad: :mad: :mad: :mad: :mad: :mad: :mad:
 

thephilanthropist

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Dec 9, 2011
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In process status of ECAS for New delhi visa office went to blank.
I am applicant having psdec 1 and march 2004 applicant.

please check they have updated the ecas status this evening. (indian time)
Till morning it was showing Inprocess
 

maran1976

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Med's Done....
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Interview........
hopefully waived
Passport Req..
Recvd by CHC Mar 13th
nilay4647 said:
it like tarikh par tarikh aur kuch nahin ???????????? :mad: :mad: :mad: :mad: :mad: :mad: :mad:
thats a classic one from Sunny. hopefully its not the same with Canadian Judicial system
 

j.sohi

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File Transfer...
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no
Med's Done....
no
Interview........
no
Passport Req..
no
VISA ISSUED...
no
LANDED..........
no
hi guys
mine is also gone blank. psdec=1
sohi
 

j.sohi

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File Transfer...
no
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no
Med's Done....
no
Interview........
no
Passport Req..
no
VISA ISSUED...
no
LANDED..........
no

thephilanthropist

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Dec 9, 2011
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Now I think situation is somewhat clear.

Please compare the analogy between the applicants whose status changed from
Inprocess->Decision Made->Blank->Removal from System.

And in some cases
Inprocess->Blank

Can you spot out the difference ? A general logic applies as follow

Now, CIC is waiting for verdict from the court. And can we predict the verdict from the this changes ? Answer is "Probably yes"

Remember, Justice Rennie said in his decision for Liang

However, section 87.3 does not eliminate the Minister’s duty to process applications in a reasonably timely manner, at least those applications that are accepted for processing. There is no language in section 87.3 or any other amendment to the Act that extinguishes the longstanding, well-accepted duty to process applications in a reasonable time frame. The Minister can set instructions that permit him to return some applications without processing them at all, and thus obviously there is no further duty in respect of those applications. However, for those that are determined eligible for processing, the duty to do so in a reasonably timely manner remains, absent clear legislative language extinguishing that duty. The Ministerial Instructions inform the assessment of whether that duty is discharged in a reasonable period of time.

That is CIC has kept those application whose PSDEC is 1 that is eligible for the processing and if ruling might be somewhat like this "It is duty of the minister to process the application who are determined eligible for the processing and they should be processed." Further those that are not checked for the eligibility and with the power conferred through Ministerial Instruction and 87.4 they can be returned.

Further to support this judgement I can say that People with PSDEC 1 is not entitled for the refund as there application processing has already began. Now either CIC has to pass another law to terminate the half processed application or else process around 4000 files that equals around 12000 person.

Honestly, remember, In India too, when government wants to rise the rate of petrol by 3 INR on first fold they increase it by 5 INR and after people opposition they decrease 2 INR. But the ultimate target of 3 INR is absolutely reached.

Same is the case with CIC, they wants to delete the files that were even not touched hence they passed the law 87.4 to terminate all of them. They might be knowing that litigation will take place and hence they first said SELDEC should be checked, but they were certain that any court will not rule that Half processed should be returned hence mentally prepared for down gradation to PSDEC.

Ultimately they are successful in deletion of around 96000 files.
 

rafiqjp

Full Member
Jan 10, 2013
26
1
I applied in December 2006. Document sent in March 2010. VO is Singapore.
Yesterday afternoon it was in process, but at the evening it turned into blank.
What is happening?
Really ridiculous.