Minister Jason Kenney
- Thread starter Willem
- Start date
Bill C38:
As of 11PM, Thursday dt. Jun-14, 2012, the Omnibus Budget Bill C38 stands 'passed' by the parliament, with certain changes in many of it's sections, however the section on IRPA [Immigr. & Refugee Protection Act] remaining mainly intact.
Part-4, Div-54 of Bill C38 summarily dismisses approx. 300,000 pending FSW applications filed on or before Feb-27, 2008 effectively. Wherein, an estimated $130 million of processing fees will be refunded to the 'lost' applicants, without interest fees and without any legal right of remedy or indemnity.
The bill is to get a third-reading on Monday, Jun-18, 2012 then it goes to Senate, where it's likely to be formulated into a 'law'.
Does it cast aspersions on the integrity of the Canadian Immigr. System? --YES. Does it put a dent on the universally accepted Canadian norm for operational fairness? --YES. However, it's the law, voted successfully by a majority of members of the parliament, responding to the changing labour market needs... irrespective of a 'plea' submitted by CBA [Canadian Bar Association] on May-29, 2012, pls refer below.
As such, like it or not, we may just have to gulp it in the larger interests of the country.
NOTE:
This bill [C38] hits only the applications filed till Feb-27, 2008 -- and who has yet to receive a SELDEC-1. Their e-Cas of "in process" doesn't matter. While, if their e-Cas states "DM" after meds -- then obviously those cases r thru.
Qorax
As of 11PM, Thursday dt. Jun-14, 2012, the Omnibus Budget Bill C38 stands 'passed' by the parliament, with certain changes in many of it's sections, however the section on IRPA [Immigr. & Refugee Protection Act] remaining mainly intact.
Part-4, Div-54 of Bill C38 summarily dismisses approx. 300,000 pending FSW applications filed on or before Feb-27, 2008 effectively. Wherein, an estimated $130 million of processing fees will be refunded to the 'lost' applicants, without interest fees and without any legal right of remedy or indemnity.
The bill is to get a third-reading on Monday, Jun-18, 2012 then it goes to Senate, where it's likely to be formulated into a 'law'.
Does it cast aspersions on the integrity of the Canadian Immigr. System? --YES. Does it put a dent on the universally accepted Canadian norm for operational fairness? --YES. However, it's the law, voted successfully by a majority of members of the parliament, responding to the changing labour market needs... irrespective of a 'plea' submitted by CBA [Canadian Bar Association] on May-29, 2012, pls refer below.
As such, like it or not, we may just have to gulp it in the larger interests of the country.
NOTE:
This bill [C38] hits only the applications filed till Feb-27, 2008 -- and who has yet to receive a SELDEC-1. Their e-Cas of "in process" doesn't matter. While, if their e-Cas states "DM" after meds -- then obviously those cases r thru.
Qorax
If it is Pre 2008 application, the following will apply when the act is proclaimed.
87.4 (1) An application by a foreign national for a permanent resident visa as a member of the prescribed class of federal skilled workers that was made before February 27, 2008 is terminated if, before March 29, 2012, it has not been established by an officer, in accordance with the regulations, whether the applicant meets the selection criteria and other requirements appli-cable to that class.
Application
(2) Subsection (1) does not apply to an application in respect of which a superior court has made a final determination unless the determination is made on or after March 29, 2012.
Application
Effect
(3) The fact that an application is terminated under subsection (1) does not constitute a decision not to issue a permanent resident visa.
Fees returned
(4) Any fees paid to the Minister in respect of the application referred to in subsection (1) — including for the acquisition of permanent resident status — must be returned, without interest, to the person who paid them. The amounts payable may be paid out of the Consolidated Revenue Fund.
No recourse or indemnity
(5) No person has a right of recourse or indemnity against Her Majesty in connection with an application that is terminated under subsection (1)
87.4 (1) An application by a foreign national for a permanent resident visa as a member of the prescribed class of federal skilled workers that was made before February 27, 2008 is terminated if, before March 29, 2012, it has not been established by an officer, in accordance with the regulations, whether the applicant meets the selection criteria and other requirements appli-cable to that class.
Application
(2) Subsection (1) does not apply to an application in respect of which a superior court has made a final determination unless the determination is made on or after March 29, 2012.
Application
Effect
(3) The fact that an application is terminated under subsection (1) does not constitute a decision not to issue a permanent resident visa.
Fees returned
(4) Any fees paid to the Minister in respect of the application referred to in subsection (1) — including for the acquisition of permanent resident status — must be returned, without interest, to the person who paid them. The amounts payable may be paid out of the Consolidated Revenue Fund.
No recourse or indemnity
(5) No person has a right of recourse or indemnity against Her Majesty in connection with an application that is terminated under subsection (1)