Connect with us

Canada News

Lawyers take Quebec to court over abrupt closure of 18,000 immigration files

Published

on

People whose applications were already being processed were informed they would have to start afresh under the new system. They are seeking a certificate from the Quebec government that would allow them to obtain permanent residency in Canada. (File Photo: Thomas Hawk/Flickr, CC BY-NC 2.0)

MONTREAL – The judge hearing an injunction request over the Quebec government’s decision to cancel more than 18,000 immigration applications will render a decision early next week.

Representatives of an association of Quebec immigration lawyers argued Friday the province is ignoring laws currently in place in anticipation of a new law, Bill 9, that would overhaul the system for selecting newcomers to the province.

The 18,139 outstanding applications involve skilled workers’ cases, which are managed by the province. They include about 3,700 people who are already residing in Quebec.

Doug Mitchell, a lawyer representing those affected, told the court the province’s move essentially amounts to ignoring the law of the land, causing great prejudice to those affected.

Mitchell told Quebec Superior Court Justice Frederic Bachand that society wants government to follow the laws.

“It’s your role to remind politicians that society expects them to respect the law at all times,” Mitchell told the judge. “We are, sadly, confronted with a situation where the minister has declared that because he foresees a new shift, he can simply make it as though the law in place doesn’t exist and isn’t important.”

Quebec Immigration Minister Simon Jolin-Barrette tabled Bill 9 on Feb. 7, setting out a framework that would permit the province to be more selective with immigrants, ensuring they speak French, respect Quebec values and meet labour market needs.

People whose applications were already being processed were informed they would have to start afresh under the new system. They are seeking a certificate from the Quebec government that would allow them to obtain permanent residency in Canada.

The province defended its decision by saying it hadn’t stopped processing files; it simply stopped rendering decisions.

Quebec government lawyer Thi Hong Lien Trinh said the law gives the minister broad discretion. She argued the government’s decision to stop rendering decisions was a question of “efficiencies” as the bill in its current form would require those applicants to reapply in any case. The province also argued that the level of urgency claimed in the case falls short of meeting criteria required for an injunction.

If granted, the injunction would oblige the Quebec Immigration Department to resume processing the applications.

Ho Sung Kim, an immigration lawyer, said the government could process thousands of files as it waits for the law to be adopted. “While the bill is pending at the national assembly, it’s not a law,” Kim said.

He said applicants spent time and money putting together their applications. That those applications are now being tossed is where the urgency lies. “They were so devastated by the news their applications were going to be shredded to garbage,” Kim said.

The request involved Seeun Park, a Korean woman in Montreal, but it is being argued on behalf of all of those who have seen their applications set aside.

“We must remind the government and the minister of the primordial obligation … the obligation of respecting the law,” said lawyer Olga Redko, also representing the association. The failure to do so creates “a serious and irreparable prejudice to those who expected their cases to be treated,” she said.

 

Continue Reading
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

Maria in Vancouver

Lifestyle5 days ago

How To Do Christmas & Hanukkah This Year

Christmas 2024 is literally just around the corner! Here in Vancouver, we just finished celebrating Taylor Swift’s last leg of...

Lifestyle1 month ago

Nobody Wants This…IRL (In Real Life)

Just like everyone else who’s binged on Netflix series, “Nobody Wants This” — a romcom about a newly single rabbi...

Lifestyle1 month ago

Family Estrangement: Why It’s Okay

Family estrangement is the absence of a previously long-standing relationship between family members via emotional or physical distancing to the...

Lifestyle3 months ago

Becoming Your Best Version

By Matter Laurel-Zalko As a woman, I’m constantly evolving. I’m constantly changing towards my better version each year. Actually, I’m...

Lifestyle3 months ago

The True Power of Manifestation

I truly believe in the power of our imagination and that what we believe in our lives is an actual...

Maria in Vancouver4 months ago

DECORATE YOUR HOME 101

By Matte Laurel-Zalko Our home interiors are an insight into our brains and our hearts. It is our own collaboration...

Maria in Vancouver4 months ago

Guide to Planning a Wedding in 2 Months

By Matte Laurel-Zalko Are you recently engaged and find yourself in a bit of a pickle because you and your...

Maria in Vancouver5 months ago

Staying Cool and Stylish this Summer

By Matte Laurel-Zalko I couldn’t agree more when the great late Ella Fitzgerald sang “Summertime and the livin’ is easy.”...

Maria in Vancouver6 months ago

Ageing Gratefully and Joyfully

My 56th trip around the sun is just around the corner! Whew. Wow. Admittedly, I used to be afraid of...

Maria in Vancouver6 months ago

My Love Affair With Pearls

On March 18, 2023, my article, The Power of Pearls was published. In that article, I wrote about the history...