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FSW Inland PR applicants

admcdonald

Star Member
Dec 27, 2019
76
53
What is the legal procedure to sue? They have already violated procedural fairness. I think we have the right to do so.
 

guelphite

Hero Member
Jan 22, 2021
318
303
Ontario, Canada
Category........
FSW
NOC Code......
2173
AOR Received.
28-10-2020
Med's Request
03-12-2020
Med's Done....
07-01-2020
I know that Mark Holthe said that. But the keyword in his answer was "Meaningful way" to separate Inland and Overseas applications. If IRCC wants they can instruct their officers to process all the Inland applications but that would mean extra work. An officer would have to search an Inland Application and then process it or IRCC would have to flag all the Inland applications and process them. Either way it means extra work. Therefore, IRCC finds it easier just ask officers to process CEC which are already flagged as CEC and pause all others. Also because CEC has less things to look at such as proof of funds is not required for CEC, in operational terms it is easier to generate large number in less time by processing CEC to show processing efficiency. IRCC would of course prioritize meeting their targets over the wishes of its clients and not bother with anything that would be slow such as Instructing officers to search for FSW-Inland applications.
Exactly. There is a difference between being able to sort on something and being able to put it into a priority queue.
 

ariocar

Full Member
May 3, 2020
26
3
They will use COVID as excuse for everything, and blame every delay on COVID instead of themselves.
Then how they're issuing COPRs to inland applicants with AORs in May 2021 and even July?!
How they're gonna defend that?
I'm down for taking them to court, but I'm afraid that we won't be able to get a court session in less than 6 month.
Most of us have passed the eligibility stage and got stuck in criminality review for over a year, it doesn't make sense at all! We're all inland applicants, if they want we can provide them RCMP screening if they want to, if that's what needed to pass the criminality and move to the next stages.
@legalfalcon
 

Princes2020

Hero Member
Jan 1, 2020
482
248
Then how they're issuing COPRs to inland applicants with AORs in May 2021 and even July?!
How they're gonna defend that?
I'm down for taking them to court, but I'm afraid that we won't be able to get a court session in less than 6 month.
Most of us have passed the eligibility stage and got stuck in criminality review for over a year, it doesn't make sense at all! We're all inland applicants, if they want we can provide them RCMP screening if they want to, if that's what needed to pass the criminality and move to the next stages.
@legalfalcon
Let’s ponder over making a complaint to the human rights tribunal of Canada. If we could find a reason we can file the case without needing to involve a lawyer.
 

Princes2020

Hero Member
Jan 1, 2020
482
248
Well, it’s tricky. We can’t directly file a complaint with the tribunal. We have to go throughout CHRC and if commission deems our case is fit, it will refer it to CHRT.
Now, if we read section 15 (equality of rights) of the Canadian charter of rights, we can make a case.
https://www.canada.ca/en/canadian-heritage/services/how-rights-protected/guide-canadian-charter-rights-freedoms.html#a2f
Also procedural fairness which should have been followed by IRCC has also not been followed.
 

NicoHughes

Star Member
Apr 13, 2020
87
19
Then how they're issuing COPRs to inland applicants with AORs in May 2021 and even July?!
How they're gonna defend that?
I'm down for taking them to court, but I'm afraid that we won't be able to get a court session in less than 6 month.
Most of us have passed the eligibility stage and got stuck in criminality review for over a year, it doesn't make sense at all! We're all inland applicants, if they want we can provide them RCMP screening if they want to, if that's what needed to pass the criminality and move to the next stages.
@legalfalcon
> Then how they're issuing COPRs to inland applicants with AORs in May 2021 and even July?!

IRCC will claim that's due to "case by case", not a general timeline for everyone.
 

admcdonald

Star Member
Dec 27, 2019
76
53
I am down for it no matter the consequences. Worst case scenario we will lose, but, correct me if I am wrong, if we sue them for violating procedural fairness, losing simply means they will take however long as they please to finalize our applications, right? It looks like inlanders can extend BWOP indefinitely anyway, so what do we have to lose?
Even if it takes several years to go to court, it's still worth it, I think, simply for the sake of justice.