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WA L D M A N & A S S O C I AT E S
FOR IMMEDIATE RELEASE
FEDERAL SKILLED WORKER BACKLOG ELIMINATION CLASS ACTION
A group of lawyers have come together to launch a class action litigation challenging the Federal
Government’s proposed legislation terminating all federal skilled worker applications made prior
to February 27, 2008 for which a selection decision was not made prior to March 29, 2012.
This proposed action was first announced by the Federal Government on March 29, 2012 as part
of the 2012 budget plan. On April 26, 2012 the Minister of Finance tabled Bill C-38, An Act to
Implement Certain Provisions of the Budget Tabled in Parliament on March 29, 2012 and Other
Measures. Section 87.4 of Bill C-38 implements the proposal in the Budget Plan to terminate all
applications for a permanent resident visa as a federal skilled worker made before February 27,
2008 for which a selection decision was not made prior to March 29, 2012. This section will be
implemented as an amendment to the Immigration and Refugee Protection Act.
This action will affect approximately 280 000 applicants. Many of these applicants have been
waiting patiently for years to have their applications processed. The government is constantly
highlighting the need for immigrants to apply through the available legal processes and to wait in
queue for their application to be processed. All of these applicants have applied through the
proper process and have been waiting for up to seven years to have their applications processed.
During this time they have received correspondence from the government acknowledging their
application and confirming that their application would be processed. Many of the applicants
received requests for further information throughout the process for which they complied. These
applicants have planned their lives around the expectation that their application would indeed be
processed. In addition, the applicants have spent significant finances hiring lawyers or
immigration consultants to assist with their applications and to gather all the necessary
documentation. Now, after years of patiently waiting in queue for their application to be
processed, they are being told that their applications will be terminated. This decision comes
without any prior warning or opportunity to hear from the applicants. The sudden decision to
stop processing all these applications is unconscionable and unfair.
The group of lawyers, which includes Lorne Waldman and Peter Larlee and Ryan Rosenberg are
launching this litigation to challenge this proposed amendment. A number of applications for
mandamus have already been filed and more will be filed shortly. These applications seek an
order that the applicant’s application for permanent residence under the federal skilled worker
class be processed.
FOR IMMEDIATE RELEASE
FEDERAL SKILLED WORKER BACKLOG ELIMINATION CLASS ACTION
A group of lawyers have come together to launch a class action litigation challenging the Federal
Government’s proposed legislation terminating all federal skilled worker applications made prior
to February 27, 2008 for which a selection decision was not made prior to March 29, 2012.
This proposed action was first announced by the Federal Government on March 29, 2012 as part
of the 2012 budget plan. On April 26, 2012 the Minister of Finance tabled Bill C-38, An Act to
Implement Certain Provisions of the Budget Tabled in Parliament on March 29, 2012 and Other
Measures. Section 87.4 of Bill C-38 implements the proposal in the Budget Plan to terminate all
applications for a permanent resident visa as a federal skilled worker made before February 27,
2008 for which a selection decision was not made prior to March 29, 2012. This section will be
implemented as an amendment to the Immigration and Refugee Protection Act.
This action will affect approximately 280 000 applicants. Many of these applicants have been
waiting patiently for years to have their applications processed. The government is constantly
highlighting the need for immigrants to apply through the available legal processes and to wait in
queue for their application to be processed. All of these applicants have applied through the
proper process and have been waiting for up to seven years to have their applications processed.
During this time they have received correspondence from the government acknowledging their
application and confirming that their application would be processed. Many of the applicants
received requests for further information throughout the process for which they complied. These
applicants have planned their lives around the expectation that their application would indeed be
processed. In addition, the applicants have spent significant finances hiring lawyers or
immigration consultants to assist with their applications and to gather all the necessary
documentation. Now, after years of patiently waiting in queue for their application to be
processed, they are being told that their applications will be terminated. This decision comes
without any prior warning or opportunity to hear from the applicants. The sudden decision to
stop processing all these applications is unconscionable and unfair.
The group of lawyers, which includes Lorne Waldman and Peter Larlee and Ryan Rosenberg are
launching this litigation to challenge this proposed amendment. A number of applications for
mandamus have already been filed and more will be filed shortly. These applications seek an
order that the applicant’s application for permanent residence under the federal skilled worker
class be processed.
