Court sides with feds on immigration law
Skilled worker rule to remain in place
OTTAWA — The federal government was acting within its rights when it decided last spring to toss the immigration applications of about 280,000 skilled workers and their families, the Federal Court ruled Thursday.
The budget 2012 initiative aimed at drastically reducing a massive backlog of old applications was challenged by a group of about 1,400 would-be immigrants who felt the move violated their rights under the Charter and Bill of Rights.
The court, however, sided with the government.
“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,” Justice Donald Rennie concluded.
“However, section 87.4 (of the budget bill) is valid legislation, compliant with the rule of law, the Bill of Rights and the Charter.”
Rennie added the applications were “terminated by operation of law” and that the court did not have the power to order the government to change its legislation.
As per the rules of immigration law, he did, however, certify three questions related to whether the legislation is constitutional and whether applicants should have been notified in advance and given a chance to rebut the plan.
The questions could effectively form the basis of an appeal, something Toronto lawyer Lorne Waldman said he will recommend to his clients. If they choose to pursue the case, he’ll have 15 days to file the appeal.
Last month, Kenney released new figures that suggest the backlog in the federal skilled worker stream now stands at just 91,403 with turnaround times of about a year. By 2015, the backlog is expected to stand at 10,221 and turnaround times for permanent residency should be about six months.
As it moves toward an immigration system that favours youth, language proficiency and specific skill sets, the government has also argued many in the queue have skills that are considered no longer relevant.
Thursday, the government also unveiled a list of 24 eligible occupations, which means only engineers, geoscientists, land surveyors, financial analysts, computer programmers, health inspectors, audiologists, physiotherapists, occupational therapists and medical technicians will be able to apply as skilled workers.