18/01/2018 - Rebecca Kim
Lack of compassion makes IAD decision unreasonable
Canadian Immigration Blog
Hearing Concluded on the Federal Skilled Worker Backlog Case
The hearing at the Federal Court of Appeal that took place over two days on June 23 and June 24th in Toronto has been concluded and the Court has reserved a decision.
Our office continued to pursue arguments under section 15 of the Charter of Rights and Freedoms, emphasizing that the termination of the backlog was discriminatory and had disproportionate effects on applications at Visa Offices around the world. We argued that the individual applicants terminated from the backlog were eligible applicants for permanent residence in Canada, and that the applications ought to have been assessed to determine whether they satisfied Canada’s labour-market needs (the very requirement that the Government of Canada suggested necessitated termination). Arguments including the Bill of Rights, Legitimate Expectation, Rule of Law, Procedural Fairness, the application of humanitarian and compassionate considerations as well as arguments related to section 6 and 7 of the Charter of Rights and Freedoms were also presented to the Court by lawyers for the Appellants (applicants). After hearing the Appellants’ arguments the Federal Court of Appeal sought oral arguments from the Department of Justice on the section 7 and 15 Charter arguments. We now await a decision.