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RAHIM AND RHIA BASNET V. THE MINISTER OF IMMIGRATION, DIVERSITY AND INCLUSION AND THE GOVERNMENT OF QUEBEC

Notice of Application for Authorization to Institute a Class Action: Rahim and Rhia Basnet v. The Minister of Immigration, Diversity and Inclusion and The Government of Quebec

For more information about this class action, please contact Catherine McKenzie cmckenzie@imk.ca or Olga Redko at oredko@imk.ca or call 514-935-4460.

IMK LLP has filed an Application for Authorization to Institute a Class Action on behalf of the proposed class representatives, Rahim and Rhia Basnet, against the Minister of Immigration, Diversity and Inclusion (the “MIDI”) and the Government of Quebec. The MIDI and the Government of Québec are alleged to have retroactively altered the number of points awarded in certain categories to applicants for Québec selection certificates, or the number of points required for applicants to obtain a selection certificate, thereby dooming thousands of applications to failure without offering to reimburse individuals for the fees they incurred in submitting an application.

The proposed class includes the following three groups:

Group 1: All individuals who filed an application with the Ministère de l’Immigration et des Communautés culturelles du Québec for a selection certificate in the “skilled worker” category prior to July 8, 2013; whose application had not reached the preliminary processing stage as of August 1, 2013; whose application included form A-1520-AA or A-1520-AF containing the phrase “Your application for a selection certificate will be processed based on regulations in effect when it was submitted” or similar language; and whose application, as at the date of final judgment herein, has been refused by the Minister because, due to the retroactive application of the August 1, 2013 amendments to immigration regulations, the individuals no longer accumulated enough points to pass preliminary processing or to be selected.

Group 2: All individuals who filed an application with the Ministère de l’Immigration et des Communautés culturelles du Québec for a selection certificate in the “skilled worker” category prior to July 8, 2013, whose application had not reached the preliminary processing stage as of August 1, 2013; and whose application, as at the date of final judgment herein, has been refused by the Minister because, due to the retroactive application of the August 1, 2013 amendments to immigration regulations, the individuals no longer cumulated enough points to pass preliminary processing or to be selected.

Group 3: All individuals who filed an application with the Ministère de l’Immigration, Diversité et Inclusion Québec for a selection certificate in the “skilled worker” category, whose application had not reached the preliminary processing stage as of March 8, 2017, and whose application, as at the date of final judgment herein, has been refused by the Minister because, due to the retroactive application of the March 8, 2017 amendments to the immigration regulations, the individuals no longer cumulated enough points to pass preliminary processing or to be selected.

The action alleges that in dooming applications for Québec selection certificates to failure while refusing to reimburse the individuals affected, the MIDI and the Government of Québec committed a contractual or extra-contractual fault, or alternatively unjustly enriched themselves at the expense of the affected applicants. The suit seeks compensatory damages in an amount to be determined at trial.

Under Quebec law, everyone in Quebec who is a member of the class is automatically included unless they decide to opt out. The opt-out procedure will be determined at a later date by the Court if the case is authorized, so there is nothing that you are required to do right now. However, if you have information about the MIDI or the Government of Quebec’s actions as they relate to this claim, or the impact these actions have had on you, please contact us at cmckenzie@imk.ca or oredko@imk.ca or call 514-935-4460 and ask to speak to Catherine McKenzie or Olga Redko.