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Massood Joomratty was born in Mauritius and educated in England. He received his law degree (LLB Hons.) from London, England in 1994 and received his Masters in Law (LLM) in 1996. Massood was called to the Bar of England in 1995 at The Honourable Society of Gray’s Inn and to the Bar of British Columbia, Canada in 1998.

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Immigration instructions to be governed by fairness, consultation

10 04 2008

Ottawa, April 8, 2008 - The Honourable Diane Finley, Minister of Citizenship and Immigration, released today the principles that would guide implementation of proposed changes to the Immigration and Refugee Protection Act.

The aim of the changes is to modernize Canada’s immigration system and significantly reduce the time it takes to bring newcomers and their families to Canada. Under proposed changes to the Act, the Minister would have the authority to issue instructions to immigration officers related to the processing of applications, including in relation to the jobs available in Canada, so that people with those skills and experience can be brought to Canada more quickly.

In this way, newcomers will have more opportunities to find work sooner, to provide a better life for themselves and their families and to benefit more from life in Canada.

“These principles will ensure that ministerial instructions today and in the future remain fair, open and transparent,” said Minister Finley. “The instructions are about making the immigration system more responsive. Our objective is to continue to ensure that families are reunited and that qualified workers get here sooner, while respecting the fundamental principle of fairness.”

Ministerial instructions on prioritizing and processing immigration applications received after February 27, 2008, will:

  • Identify priority occupations based on input from provinces and territories, the Bank of Canada, Human Resources and Social Development Canada, employers and organized labour.
  • Ensure fairness by making decisions on cases faster, while meeting immediate labour market needs.
  • Respect the goals of the Immigration and Refugee Protection Act, which are to support Canada’s economy and competitiveness, support family reunification and uphold Canada’s humanitarian commitments.
  • Comply with the Canadian Charter of Rights and Freedoms, which prevents discrimination based on factors such as race, country of origin and religion.
  • Respect commitments to provinces and territories regarding the Provincial Nominee Program and the Canada-Quebec Accord.
  • Complement commitments made in Advantage Canada, the Government of Canada’s economic plan, to align the immigration system with labour market needs.
  • Be published in the Canada Gazette and Citizenship and Immigration Canada’s annual report, which is tabled in Parliament.

All instructions issued by the Minister to immigration officers must adhere to these principles. They must also be approved by Cabinet before they are published. Immigration officers would select from among new applications based on the instructions. They will continue to make decisions about individual applications. The Minister can not reverse the decisions of immigration officers or influence them in any way other than what is clearly outlined in the instructions.

The instructions are part of Budget 2008 commitments to modernize the immigration system to respond to Canada’s labour-market needs, reduce wait times for new applicants and reduce the backlog of immigration applications.

“We’ve allocated $109 million over five years to help meet these goals,” said Minister Finley. “And we’ll hire and train more visa officers to act as SWAT teams to speed up processing in parts of the world where wait times are the longest.”

To help alleviate immediate pressures, resources will be allocated to missions where there is a high volume of applications. As a start, some missions, such as Delhi and Manila, will receive additional resources to help improve wait times for permanent residence applications, international students and temporary foreign workers. Ongoing funding will help build capacity to meet future levels and increasing demand, and will introduce administrative improvements such as centralized processing and data entry.

The amendments, once passed, will apply to applications received on or after February 27, 2008. Those who applied before February 27, 2008 will be dealt with under the existing rules.

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