Latest update and court decision on Federal Skilled Worker applicant who applied prior to February 2008
On September 18, 2012 a Stay Motion was presented to the Court wherein the lawyers requested an Order that would prevent the government from beginning the process of terminating applications and returning government processing fees. The Motion was dismissed, but all was not lost because:
An agreement was reached with the Department of Justice on behalf of Citizenship and Immigration Canada (CIC) to:
not initiate communication with applicants to process termination of their applications;
not issue refunds unless applicants directly wish a refund; and
not destroy files until the outcome of the next step in the proceeding in November
It is clear following this proceeding that based on fact and how individual applicants can challenge the termination of their applications in Federal Court, if necessary.
We will continue to keep readers informed of all important updates regarding this historic Court case.
The Court must first determine that there is a serious issue to rule on and if it does, then must ultimately decide if the government's action is legal or illegal. The Certification Hearing will be held in November 2012.
If your application is among the 280,000 facing termination, you still have time to make your voice heard.