2015-01-06 |\u00a02015 FC 13 |\u00a0IMM-3613-13<\/p>\n
Ebi v Canada (Citizenship and Immigration)<\/span><\/strong><\/p>\n Principles Established<\/strong><\/p>\n Facts<\/strong><\/p>\n Ebi applied for judicial review of the decision of a visa officer to reject her application for Federal Skilled Worker class [FSW] permanent residency.<\/p>\n Ebi first submitted her FSW application in 2006. In 2009, Ebi\u2019s file was closed without a final decision as she failed to provide certain required documents. The case was later reopened through a settlement offer from the CIC. After several years of delay, processing of the file began again. In August 2013, CIC send Ebi a letter stating that her application had been rejected due to non-compliance with s. 87.4 of the IRPA.<\/p>\n 87.4(1) states that any FSW application started before February 27, 2008 is terminated if, before March 29, 2012,\u00a0a final decision has not been made. 87.4(2) states that an applicant is protected from this rule if he has entered into a settlement made by court order prior to March 29, 2012.<\/p>\n Decision<\/strong><\/p>\n The Federal Court upheld the officer\u2019s decision for two reasons. Firstly the Court opined that a settlement agreed to between Ebi and CIC did not constitute a court ordered settlement under 87.4(2). Secondly, the court opined that Ebi did not have recourse to procedural fairness-based arguments concerning the delay in her application\u2019s processing time because the application had been terminated by operation of law. \u00a0The application for judicial review was dismissed.<\/p>\n","protected":false},"excerpt":{"rendered":" 2015-01-06 |\u00a02015 FC 13 |\u00a0IMM-3613-13 Ebi v Canada (Citizenship and Immigration) Principles Established A settlement between an applicant and CIC does not constitute a court ordered settlement under 87.4(2) of the IRPA. An immigration decision made by operation of law cannot be contested on grounds of procedural fairness. Facts Ebi applied for judicial review of…<\/p>\n","protected":false},"author":498,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[5520,5519,5511,3337],"tags":[4905,4906,4907,4908,4909,4910],"class_list":["post-11936","post","type-post","status-publish","format-standard","hentry","category-january-fr","category-2015-fr","category-c99-canada-case-law-fr","category-non-classifiee","tag-cic-fr","tag-ebi-fr","tag-federal-skilled-worker-class-fr","tag-fsw-application-rejected-fr","tag-fsw-application-rejected-87-4-fr","tag-permanent-residency-fr","category-5520","category-5519","category-5511","category-3337","description-off"],"acf":[],"_links":{"self":[{"href":"https:\/\/immigration.ca\/fr\/wp-json\/wp\/v2\/posts\/11936","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/immigration.ca\/fr\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/immigration.ca\/fr\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/immigration.ca\/fr\/wp-json\/wp\/v2\/users\/498"}],"replies":[{"embeddable":true,"href":"https:\/\/immigration.ca\/fr\/wp-json\/wp\/v2\/comments?post=11936"}],"version-history":[{"count":0,"href":"https:\/\/immigration.ca\/fr\/wp-json\/wp\/v2\/posts\/11936\/revisions"}],"wp:attachment":[{"href":"https:\/\/immigration.ca\/fr\/wp-json\/wp\/v2\/media?parent=11936"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/immigration.ca\/fr\/wp-json\/wp\/v2\/categories?post=11936"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/immigration.ca\/fr\/wp-json\/wp\/v2\/tags?post=11936"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}\n