Home

Update (June 25, 2003)

On June 20, 2003, the Federal Court of Canada issued a ruling prohibiting the Government of Canada from refusing any pending applications submitted prior to January 1, 2002 (the “backlog cases”), under the new immigration and refugee protection regulations. Accordingly, the rights of back log cases are preserved until the court can determine the rights of applicants affected by the introduction of the new immigration rules.

The court will soon decide whether there are legal grounds for the constitution of a Class Action. It is only once this issue is decided that the court will then proceed to hear the merits of various claims on the legality of retroactivity introduced by the new immigration rules as well as other related issues.

WHAT DOES THIS MEAN?

1. Class Action might not be approved. If Class Action is not approved pending applicants in the backlog may still be in a position to challenge the legality of retroactivity by submitting individual or group claims.

2. It is advisable for applicants in the backlog to proceed with the filing of a claim in the Federal Court of Canada attacking retroactivity. By filing a properly constituted claim, the court could still decide against retroactivity on a case or group basis even if Class Action is not approved.

3. Currently, there is no specific delay within which applicants must file their claim challenging retroactivity. However as this is a unique situation backlog applicants who will unlikely meet the new immigration rules are encouraged to avoid a wait and see approach and take precautions to preserve their rights, by instituting individual or group claim, challenging retroactivity.

4. Applicants in the backlog of cases who will not meet the new selection rules providing for a reduced pass mark of 70 points do not need to submit the new immigration forms prescribed under the new law. However, applicants who will likely meet the reduced pass mark of 70 points under the new selection criteria are encouraged to submit new forms and complete the related undertakings in order that such applications may proceed to assessment. The government intends to continue processing applications in the backlog that will meet the new immigration rules.

5. CanadaClassAction.com shall continue to represent interested applicants and file claims on behalf of specifically named applicants challenging the merits of retroactivity introduced by the new immigration rules.