LAWYERS CHALLENGE THE GOVERNMENT OF CANADA’S NEW IMMIGRATION LAW IN A MOTION FOR MANDAMUS AT FEDERAL COURT, TUESDAY FEB 4TH, & WEDNESDAY FEB 5TH BY WAY OF VIDEO CONFERENCE IN MONTREAL, TORONTO, VANCOUVER AND OTTAWA.

Seven lawyers will be representing 125 applicants before the Federal Court of Appeal next Tuesday in a request for an order in the form of a writ of mandamus compelling the Minister of Citizenship and Immigration to assess or interview the applicants no later than March 31, 2003, the last day where applicants will be assessed by the rules presently in effect.

“The Government of Canada has adopted a new immigration act with retroactive effect in an effort the clear up the backlog” states Mitchell Brownstein of Brownstein, Brownstein and Associates, who represents 47 of the 125 cases across Canada.

“The applicants we represent filed their applications in 1998, 1999 and 2000 with the understanding that they would be heard within a reasonable delay and based on the laws in effect at the time they paid their processing fees of $500.00 per adult and $100 per dependant child”.

The new Immigration regulations were adopted on June 28, 2002, with a statement that applicants will be assessed under the new laws if their files are assessed by an immigration officer after March 31, 2003. The 47 applicants represented by Brownstein, Brownstein and Associates are still waiting assessment.

“Despite receiving assurances in writing from the Embassies that their files would be reviewed within a delay of months, the embassies have failed to respect their own delays and these applicants have waited years with no result. To call these applicants to interview after March 31, 2003 and subject them to a new law where it is much more difficult to obtain the points to be awarded residency is tantamount to discrimination against these applicants” claims Brownstein.

Brownstein argues in his Memorandum before the Court that the Government has a legal duty to Act and assess Immigration applications within a reasonable delay.

“ Their refusal to perform this duty is negligent at the very least”, alleges. Brownstein. “The Government of Canada has not respected their duty of procedural fairness, as they have not respected their own delays as promised in writing. The legitimate expectations of the applicants have been ignored. Refusing their applications now after so many years of waiting would be a great injustice”