Out of Luck – Court Throws Out Backlog Lawsuit

In spring 2012, the Federal Government announced that all Federal Skilled Worker applications received prior to February 27, 2008 would be terminated and fees returned to the applicants. The reason for this change was to help reduce the backlog of Federal Skilled Worker applications in the system. Obviously, this upset some rejected applicants. A lawsuit was commenced to force the government to process the applications.

The lawsuit has now been thrown out by the Federal Court. The Court was basically satisfied that the government followed the “Rule of Law”. So while the court recognized the hardship to the applicants, the case had to be dismissed.

Interestingly, the judge certified three questions. This means that the matter can be appealed.

You can read more about this here.