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kiwi1

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Jun 9, 2012
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Note: I tried to put up the link to the article but am not able to....thestar.com, published Thurs, June 14, 2012

Ottawa has suffered a major setback in eliminating its immigration backlog after the federal court ruled the government is obliged to process all applications it accepted into the system.

About 900 applicants under the federal skilled workers' program sued Immigration Minister Jason Kenney for violating the pledge to assess and finalize decisions in a timely fashion.

They asked the court to order the immigration department to process their applications within a reasonable time frame.

In a decision released Thursday, Justice Donald Rennie rejected the minister's argument that the delay is justified because he has the authority to make policies.

“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,” the judge wrote in a 24-page decision.

“However, for those that are determined eligible for processing, the duty to do so in a reasonably timely manner remains.”

In February 2008, the law was changed to give Kenney authority to issue ministerial instructions regarding which applications would be eligible for processing and to remove the obligation to process each application received.

As a result, the litigants argued, their applications were “warehoused” in a lengthy backlog from five to nine years.

Despite the new measure, the court said Ottawa still failed to finalize a file within the six and 12 months Kenney promised — the first ministerial applications have been outstanding between 24 and 52 months.

Immigration has until Oct. 14 to finalize the application of the case's lead litigant, an IT project manager in China.

Although the court falls short on making an order for all 900 applicants, Thursday's decision sets the stage for the prompt processing of the other litigants.

“So long as the applicants are not to blame for the delay, a fair application of Justice Rennie's ruling would require Ottawa to finalize their applications by October 14,” said their lawyer, Tim Leahy.

The decision is final because the court refused the minister's request for appeal, added Leahy. The next step is for opposing counsels to determine how to proceed with the remaining cases.
 
can you pls post the link.....this is a welcome news for those applicants who wait on the line for a long time.....Justice must prevail! ;D ;D ;D ;D
 
leoal12 said:
can you pls post the link.....this is a welcome news for those applicants who wait on the line for a long time.....Justice must prevail! ;D ;D ;D ;D


hi leoal12....i am trying to post the link but i am getting this prompt...

"Sorry, you are not allowed to post links."
 
chappan said:
Yawwwwnnn!!!!!!! Old news! Thanks for sharing though!

i wonder y u said 'old news' when the decision only came out last Thursday, June 14, 2012...
 
That verdict is now null and void with passing of this C38 Omnibus bill.

http://www.canadavisa.com/canada-immigration-discussion-board/bill-c38-has-passed-t108380.15.html
 
hello every one,
is any one have any expectations to when our application will be processed or have a final decision???

someone i know said the following "Now, and after this judgment, everyone should be aware that the Canadian Federal Court states that "The Federal court did not make an order for all the litigants’ applications, however, immigration department is given the deadline of October 14 to complete the processing of the lead applicant thus giving other applicants possibility of their applications processing in due course of time"

So, from my perspective, this deadline is just for the applicants who were lead this case, and the remain applicants' file will be processed in due course of time. The words of ( in due course of time) is elastic words, which means that again the Canadian Immigration Department will determine when is this proper time to complete processioning these files, and that based on its discretion.

Since one day before this judgment be issued, I have checked the time process times in CIC website, and I noticed that time process for London office is (60) months. After this judgment has been issued, I checked again the website, and I shocked when this time process has been extended to (65) months today."

and in my country it even take more than that, is it true we should wait another 5 years or so???