Canada’s Federal Court Rules Against 2008 FSW Applicants

The Federal Court of Canada ruled on April 18, 2013 that all applications made to the Federal Skilled Worker Program (FSWP) before February 27, 2008 shall be returned meaning the applications will be finally terminated without any review.  Subsequently, refund checks should follow.

While the presiding Justice expressed sympathy for the would-be-immigrants for having waited in line for many years only to have the door closed on them, Justice Rennie’s ultimate conclusion was that the Canadian government  - through Citizenship and Immigration Canada – acted within the bounds of law.

Applicants affected by this Court decision may still apply for residency under the new Federal Skilled Worker program (24 occupations were recently listed as priority) or under other programs such as Provincial Nomination or the Canadian Experience Class.

Of the eight (8) applicants representing approximately 1,400 individuals in the class action suit, two (2) are from the Philippines, three (3) from Pakistan; two (2) from China and one (1) from Syria.  The applications were lodged or submitted for the periods 2005 to 2007.

While the ruling was not favourable to FSW applicants concerned, Canadian immigration practitioners believe there is an open window to appeal.  However, the litigation could continue and if subsequent Court decisions affirm the refusal then most of the applicants might have aged-out.

To find out how you may qualify under any of Canada’s permanent residency programs complete out online assessment , above or by clicking here- http://www.visacenter.org/index.php/piso

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