Federal Court Rules Against Immigration Hopefuls in Skilled Worker Backlog

Justice Donald Rennie ruled that the federal government was within its rights to eliminate Federal Skilled Worker Program applications affecting approximately 280,000 people last year (StockMonkeys.com)

A federal court on Thursday ruled that the Canadian government was within its rights when it threw out the backlog of applications for the Federal Skilled Worker Program (FSWP) that were filed before February 27, 2008.

Presiding judge, Justice Donald Rennie, said that “section 87.4 [of Bill C-38] is valid legislation, compliant with the rule of law, the Bill of Rights and the Charter.”

He addressed the fact that the legislation had caused would-be immigrants in the queue anguish:

“The applicants have waited in the queue for many years only to find the entrance door closed. They see the termination of their hope for a new life in Canada to be an unfair, arbitrary and unnecessary measure.”

But maintained that the applications were “terminated by operation of law” and that the court did not have the jurisdiction to overturn the legislation.

Lorne Waldman, a lawyer who represents the 1,400 people who are suing the federal government to force it to process their applications, said he would recommend to his clients to appeal Justice Rennie’s decision, which they have 15 days to do.


  • Anil Kumar Garg

    Dear Sir,

    Its very unfortunate, They can and should compensate the applicants in following ways.Its very harsh judgement to just say that they found a CLOSED DOOR.Canada has a very good reputation and 7-8 Yrs waiting period is long considering average life of 70 Yrs its 10% of their life.

    1. Consider their IELETS Already taken till they get time to file fresh APPLICATION under new programme of FSWP which will start taking fresh Apps from 4th May.

    2. Fees for them should be adjusted and taken as per previous norms

    3. Those who have already applied should be given priority in list of applicants for which there are only 300 slots against each category

    4. They should be immediately contacted to update their status and category as per the latest list

    5. This should be posted to PM and Foreign Minister/External affair minister as well Mr Rennie ,who holds power to givew directive.

    Anil K Garg
    AVP- Business Development

  • This decision by the court is just unfair. When someone applied for a PR, the reply is either accepted or refused, but not terminated, by just a law that is being passed after our application.

    Why is it that no one reacts. The new conditions for applying are more difficult and during these 8 years, age is not in our favor. It is not that easy to reapply, believe me, it would again be to the detriment of those depending on Nairobi to have their files processed. By the time, you file is processed, in other countries, the number of applicants per job description will be reached and who can say for sure that you are not the 1 just above the limit.

    Please please time to react. This law cannot affect us retroactively.

    Let us do something so that injustice does not prevail.

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