Federal Court may allow processing of applications made before February 2008


According to a recent legislation passed by Jason Kenney, Immigration Minister, the applications submitted after February 2008 under the category of skilled labor will not be processed.

On March 30, 2012 Jason Kenney, Citizenship and Immigration Canada announced to return he applications of skilled workers who had applied before February27, 2008.

The Citizenship and Immigration Canada is all set to eliminate the backlog of all applications made before February 27, 2008.

Federal Court has ruled that Canadian government is obliged to process all the applications.

About 300,000 applicants were affected due to the new legislation and all were under the federal skilled worker class.

Jason Kenney, Immigration Minister was sued by 900 applicants. The applicants requested the court to process their applications for permanent residence by the Citizenship and Immigration Canada within a reasonable time frame.

Jason Kenney justified himself by saying that “he is authorized to make policies and there can be a delay due to change in policy.”

The applicants refused to accept the delay for five to nine years and they regarded the same as “unjustified”.

The court has passed orders for a selected few applicants. The deadline of October has been given to process the applications of lead applicants hence there is a possibility of other applications to get processed in the days to come.

Applicants’ Lawyer claims that the Court’s decision is final and the request for appeal by the Citizenship and Immigration Minister has been refused.

Another Federal Court did not give relief to applicants while the case was being heard yet till the time the legislation turns out to be a law.

The decision made by the Federal Court is observed as a blow to the Government of Canada as the government was all set to refuse about 300,000 applications and there was a plan to refund him processing fee to these applicants.

Refunding the fee would not have been of any help to the applicants as their dreams were associated with these applications.

Now the Federal court has brought a ray of hope to the applicants who have been waiting to get a chance for the last many years.

The Court has also controlled the moves of the Government which was about to bring injustice to those applicants who have been waiting for years.

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