• date and time of the draw,
•  number of candidates that will receive an ITA, and
• if it applies, which specific immigration program(s) will be included in the draw?

It happened after in fact, applicants who received ITAs were notified before the results of the draw and accompanying Ministerial Instructions (MI) were released.  Odd way to begin; and so what are we left to think?

1. Aside from mixed messaging highlighted above, no statistics accompanied the draw as to how many candidates were in the pool, from where, what categories, point allocations etc.  The Ministers Official Press Release a few days later did not fill in the blanks – transparency is critical.

2. The numbers are low, the pass mark high and at this pace ITAs would constitute a relatively small piece of the overall targets for economic migration.  Likely though, the pass mark will drop over time as any pre-EE backlog is exhausted.

3. Considering this was the first draw and 6 month processing promises it may not be a poor strategy to aim high with fewer applicants for easier processing to test the system.  Communicating this would have helped – transparency is critical.

4. Conducting the draw on the weekend outside standard business hours adds to a perceived cloak of secrecy and seems to snub business and in particular representative (lawyers, consultants etc) assisting applicants with their applications.  Why draw on the weekend when this was in the works for years now?  In its most cynical light this play seems inconsiderate and in a more forgiving light, rushed and disorganized.

5. Should foreign applicants even file an online profile?  The EE program has surprised some including certain sectors of Canadian industry with the heavy emphasis on the need for LMIAs.  Like New Zealand with 87-89% of its applicants applying in land and Australia following suit with over 50% of its applicants landing on shore in possession of temporary resident status and the first draw in Canada it would appear to confirm this is an inland program.  If so, say so.

As I wrote previously, EE is the crown jewel of the new processing paradigm and should not be undermined by a lack of transparency and perpetuation of historically poor to neutral relations with authorized representatives amongst other concerns (privacy, legal etc beyond the scope of this blog). Hopefully CIC solicits feedback on the first draw and shines a bright, transparent light on this important initiative going forward to enhance program delivery and program integrity.  The handling of the initial draw was wanting and although we cannot read too much into one draw – first impressions do matter.

For more information on Express Entry, please click here.

The post Express Entry Inaugural Draw: First Impressions Do Matter! first appeared on Bellissimo Law Group.

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.

The post Hearing Concluded on the Federal Skilled Worker Backlog Case first appeared on Bellissimo Law Group.

The Appeal Books (which includes the thousands of pages of evidence the parties are respectively relying upon) are due to be filed at the Federal Court of Appeal by December 20^th, 2013.

The Appellant’s (Our) Legal Arguments (Memoranda) are due at the Federal Court of Appeal by February 28^th, 2014. 

The Respondent’s (Department of Justice) Legal Arguments (Memoranda) are due at the Federal Court of Appeal by April 17^th, 2014.

Thereafter the hearings will be set down likely over several days.

The post Latest Update – Federal Skilled Worker Class Litigation: Federal Court of Appeal first appeared on Bellissimo Law Group.

The post Latest Update – Federal Skilled Worker Class Litigation: Federal Court of Appeal first appeared on Bellissimo Law Group.

We will be in communication with our clients to exchange information, share ideas and to provide specific updates as to the progress of the case directly to respective e-mail addresses.  Please ensure your current e-mail address is on file with our office and if there has been any recent change to your e-mail address to advise our office immediately.

The post Latest Update: Federal Skilled Worker Litigation Appeal first appeared on Bellissimo Law Group.

We will continue to diligently advance the interest of our clients in the ensuing months.

Please check back for more updates!

The post Federal Skilled Worker Litigation Appeal Launched with the Court first appeared on Bellissimo Law Group.

Please note that we have extended the deadline to join the Federal Skilled Worker Litigation Appeal. All interested applicants who wish to proceed with the appeal are asked to contact Parminder Kaur in our Accounting Department at pk@bellissimolawgroup.com by 12:00 PM EST on Friday, May 17, 2013. If you have already retained for the purposes of the appeal, please disregard this message.

The post Extended Deadline – Federal Skilled Worker Litigation Appeal first appeared on Bellissimo Law Group.

The Decision

On March 29th, 2012, Citizenship and Immigration Canada (CIC) announced that all applications made to the FSWP before February 28th, 2008 would be eliminated without review. Many applicants wished to challenge this decision, and several hundred added their names to a possible class action lawsuit.

The lawyers representing the applicants argued, among other points, that the decision to eliminate the backlog was in violation of two laws: the Canadian Bill of Rights and Canadian Charter of Rights and Freedoms.

Justice Rennie expressed sympathy for the plight of would-be applicants. In his official decision, he stated that “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.”

Despite his sympathy, his ultimate conclusion was that CIC’s actions were in fact within the bounds of both the Bill of Rights and the Charter. As applications were ‘terminated by operation of law’, the court would not proceed further in challenging the government.

What This Means for Applicants

At present, it appears that the Federal Government intends to continue with its plan to eliminate pre-February 28th, 2008 files. As part of this process, government processing fees will be returned to applicants.

Attorney David Cohen was among the lawyers representing applicants in this legal proceeding. “I am, of course, extremely disappointed in the outcome to date,” he said. “I still feel strongly that the government’s decision to terminate the applications of individuals who waited patiently and played by all the rules is both unethical and immoral. Unfortunately, the Federal Court determined that it was not illegal.”

Applicants whose files are scheduled to be eliminated are not precluded from reapplying for Canadian immigration, if eligible. A revised FSWP will be opening its doors to applicants on May 4th, 2013. In total, there are over 60 programs that can lead to Canadian Permanent Residency.

Room for Appeal

While we are very disappointed with the decision, the Court did certify questions for the Federal Court of Appeal to consider.  We are currently studying the decision and will report back to you next week.

Click here to read the decision.

The post The Decision of the Federal Court on the FSW Backlog Litigation first appeared on Bellissimo Law Group.