Skilled Worker Non-Processing Letters Going Out

And so it begins.  Citizenship and Immigration Canada has begun sending letters to Federal Skilled Worker Applicants who applied prior to February 27, 2008, that their applications will not be processed, and that they will soon be contacted regarding a refund.

Regardless of what one thinks of the merits of cancelling the backlog (I am sympathetic to both sides’ arguments), the way in which the Government of Canada is executing its decision to cancel the applications is problematic.  Indeed, I believe that the government is acting in a way that will lead to court intervention.

In brief, the government is cancelling these applications without having yet passed any legislative changes permitting them to do.  The Immigration and Refugee Protection Act and its Regulations still state that the affected applicants are eligible to immigrate to Canada.

From what I can tell, the Minister is currently governing through press release.  Ironically, the press release notes that the cancellation and refund of the above applications will occur as a result of “proposed legislation”.

http://www.cic.gc.ca/english/department/media/releases/2012/2012-03-30a.asp

The proposed legislation has not yet been introduced either in the House of Commons or in the Canada Gazette. Despite that, Citizenship and Immigration Canada is already cancelling applications.

Press releases cannot trump statute, and I predict an upcoming wave of successful litigation.


3 thoughts on “Skilled Worker Non-Processing Letters Going Out

  1. My relative belongs to one of these pre-2008 applications.What can they do now? They are very very disillusioned, depressed and they have been waiting for 6 years here in HK. The Canadian officer did send them a letter in February telling them to submit supporting documents but now, they received a letter days ago informing them that non-processing will take place now because of just one announcment, not a law!!!!! Is Canada not under the rule of law now? Why not follow first come first serve principle?Worst, since my relative’s dad, sister, aunts, uncles, cousins are all living in Canada and Canada does not have a category called Family Reunion (children and parents) so they had no choice in 2006 but had to choose Federal Skilled Labour category.

    1. I am totally in consent with Winnie as the story mentioned quite similar to me , I did apply in 2006 from Pakistan , my mother , brother and two sisters with their faimly have already been migrated few years back and i have been waiting to canadian imigration with my two daughters and wife.but all of a sudden the situation goes to be changed if the proposal passed.

  2. I can’t believe that one person decides on the lives of 300.000 applicants all around the world. I did not by any chance expected this from a well organized and humanitarian government as Canada, I cannot believe that with all the technological and human development Canada is privileged with cancelling applications and returning the fees is the only solution to backlog. Is it a problem of fees paid and returned after five years? It is lives and plans people have arranged and waiting for not only for couple of months but for years. It is not my fault that I am not needed right now while I was needed five years ago but the processing was so slow to allow me the chance to go in the right time. I am here paying for a mistake that I have no hand in.

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