Group Suing Government Over Wipe-Out of 280,000 FSW Application Backlog Making One Last Try in Court
The group had previously scored a victory when a federal court justice ruled that the federal government must assess their applications due to the legal obligation it had to process applications in a timely manner once it had filed them. Soon after the ruling, Bill C-38, legislation which includes a legal provision that wipes out the back-log of applications that were filed before February 27th 2008, was passed, which the federal government argues invalidates the court ruling.
The lawyers representing Citizenship and Immigration Canada (CIC) stated that the federal government would process the applications of 165 of the litigants whose files were not among the 280,000 applications in the backlog, but that the applications of the remaining litigants would not be processed as they were eliminated by Bill C-38 when it was passed on June 29th.
The group’s lawyer, Tim Leahy, is making a final effort to save the group’s applications and asking the presiding judge to order CIC to process the group’s applications on ‘humanitarian and compassionate’ grounds.