Green light to a lawsuit by immigrants

Michael Nguyen

Friday, February 23, 2018 20:58

UPDATE
Friday, February 23, 2018 20:58

Look at this article

Immigrant applicants may undertake a collective action against the State, which they accuse of abuse for have changed the selection criteria, among other things, on the knowledge of French.

“There could be over 60,000 members [in this appeal] ; the only possible way to advance these claims of approximately $ 1000 per person is through a collective action,” says the court, in a judgement delivered this week.

The immigrants believe that the ministry of Immigration, Diversity and Inclusion has ” abused its rights when it changed the regulations for obtaining a Québec selection certificate, in the framework of the regular Program of skilled workers.

“The applicants have been affected by a retroactive change of the criteria [for selection, implemented in 2013], which adds a weight to the knowledge of the language “, one can read in the judgment.

These people claim to have failed the selection due to this change, and ask for reimbursement of costs incurred.

“Doomed to fail “

Another group of potential immigrants argue for their part that the amendments to the rules, introduced last year, have made sure that their request has become ” doomed to failure “. They are increasingly requesting the refund of the money they have paid out.

The State, claim to the potential immigrants, would have had to give them the opportunity to withdraw their application and be repaid, which has not been done.

During hearings on the application for authorisation of the collective action, the State had pointed out that the department had the right to adopt these regulations, but it was not enough in the eyes of the justice Pepita Capriolo.

Unless an amicable settlement, the case will be heard on the merits. However, this could take several years. The members of the group do not have to occur at this stage of the proceedings.