Quebec Skilled Workers Field A Class Action Lawsuit Against The Quebec Immigration Ministry

20 Apr 2018

Developments in Quebec

Skilled Worker candidates in Quebec have filed a class action suit opposing the Immigration Ministry of the Province. Moreover, they are seeking repayment of processing fees because there are changes in program, which will apply with effect from a date in the past. This also means that their applications will fail. This lawsuit, is regarding the candidates who submitted their application by using the QSWP starting from 2009 and ending in March 2017.

Consequently, it has got authorization by Justice Pepita Capriolo, belonging to the Superior Court of Quebec in February 2018. It covers the immigration candidates of Quebec who had submitted applications earlier than the announcement of rule change. Their cases did not receive the approval because of the back dating of changes in application.

Separate groups of candidates

Separate groups of candidates also figure in the lawsuit, for applications related to changes in the points system that were implemented on August 1, 2013, and also on March 8, 2017.

Groups 1 and 2 speak about the 2013 changes, while Group 3 speaks about the changes of 2017. For the applications in Groups 1 and 2, the requirement was submission before July 8, 2013. All three groups cover the applications in Quebec Skilled Worker Program only.

Group 1

The candidates of Group 1 were those who had sent applications which included forms containing - The application for seeking certificate of selection will pass the stage of processing on the rules which are in place at the time of submission. The date of this application for preliminary processing stage was August 1, 2013. In case it failed owing to the retroactive application it is eligible for the case filing.

Group 2

The candidates of Group 2 were those who had sent applications which did not reach the initial processing stage on August 1, 2013. They had failed owing to the retroactive application of the changes in points.

Group 3

The candidates of Group 3 are those who had sent applications which did not reach the initial processing stage on March 8, 2013. They had failed owing to the backdating of application and the changes in points.

The suit mentions that the Authorization Application makes an allegation that the Minister became rich in an unjust manner. Moreover the action was not in good faith. It was a case of abuse of rights which are opposite to the acts of Quebec’s Civil Code. Additionally, the Minister has failed to reimburse the application fee paid by the individuals whose applications for CSQ failed, owing to the amendments of the application regulation of August 1, 2013, and also of March 8, 2017. These rules ignored the weighting that is applicable to select overseas nationals.

What is Next?

As the class action is authorized there will be a hearing date in the present year or in 2019. Additionally there are three groups in the suit and all the legal arguments will receive a consideration. Furthermore, this will lead to extending the judicial process for several years.

Moreover, the government in Quebec is aggressive in challenging judicial reviews of immigration candidates. In case it is not successful in the early hearing, there will be an appeal to the Quebec Court of Appeal.