September 20, 2012
Update: FSW Backlog Stay Heard in Ottawa September 18, 2012
Mario D. Bellissimo on behalf of Bellissimo Law Group, Campbell Cohen and the over 1100 applicants they represent argued the Stay Motion in Ottawa. The stay motion, although dismissed, was successful on many fronts:
- An agreement was reached with the Department of Justice on behalf of Citizenship and Immigration Canada (CIC) to (1) not initiate communications with applicants to process termination, (2) not issue refunds unless applicants directly wish a refund, and (3) not destroy files until the outcome of the next step in the proceeding in November.
- It is clear following this proceeding that based on fact and law individual applicants can challenge the termination of their applications in Federal Court, if necessary.
- The case will now move forward to a Certification Hearing in November 2012 wherein applicants’ counsel will seek to certify a proceeding on behalf of all applicants who are facing termination and do not consent to the termination of their applications.