Law Times

Law Times ��� March 4, 2013 Page 9 FOCUS Lawyers take feds to court over immigrant investor program BY SHARON HO For Law Times A fraid that the federal government will terminate existing applications to the immigrant investor program, a group of lawyers is asking the Federal Court to disallow the minister of immigration from closing such files until it has assessed them. Immigration lawyer Pantea Jafari is representing two of the 14 litigants from China, Britain, Germany, Spain, South Africa, and Venezuela. Another 46 investors are expected to join the litigation. ���For one reason or another, each of them has not been processed in a particular time,��� says Jafari. ���We were concerned that legislation���s going to come down closing those applications similar to the federal skilled-worker program.��� The litigation undertaken by the organization Unfair CIC is asking the government to assess each litigant���s application within a year. Unfair CIC also wants the government to reimburse litigants $5 million if it terminates their applications. Citizenship and Immigration Canada stopped accepting applications under the immigrant investor class on July 1, 2012, in order to focus on the backlog of files while it reviews the program. As of September 2012, there were approximately 86,000 investors in the backlog. The department estimates it has enough applications for 10 years. Prior to December 2010, investors had to provide $400,000 in investment and have a net worth of $800,000. The government doubled those amounts after December 2010. One of Jafari���s clients, Canrong Li, applied in 2005 from China to come with his wife and son. ���It���s been sent back for processing, but the government has made continuously excessive demands that almost signifies how unlikely it is that someone will be able to comply with that information requested in the When asked about a time that���s given,��� says Jafari. possible termination, the She has gone to court three department would only say it���s times over Li���s application asking continuing to process the backlog it to bar Immigration Minister Jaof applications while not acceptson Kenney from using the failure ing new ones. to fulfil the information requests But immigration lawyer David as a reason to reject Li as an invesRosenblatt doesn���t understand tor. Jafari says his application has why Canada isn���t doing more stalled despite notations in his file to encourage businesspeople to showing he meets the criteria for come to Canada. He also doesn���t the investor program. understand why there���s a backlog ���He feels like by choice or by of investor applicants given the operation of policy his file is stuck benefits they can bring to Canada, in limbo and not moving forward,��� in particular their wealth and lack says Jafari. of need for settlement services. ���The court needs to intervene to Besides investing in Canada, he make sure this person���s application believes investors can help Canais brought to a final determination dian businesses abroad. in one way or another.��� ���These foreign investors are the Lloyd Ament, an immigraones that have the connections to tion partner with Basman Smith facilitate doing business in other LLP, has had clients invest in other countries,��� says Rosenblatt. countries as a result of the back���It���s much easier for a Chinese log and uncertainty over when the ���We were concerned that legislation���s going to come government will make a decision down closing those applications similar to the federal businessman to sell Canadian products abroad rather than a Caon their applications. skilled-worker program,��� says Pantea Jafari. nadian trying to do it. They bring ���They���re keeping the irons in the fire just in case it happens because it is so cheap,��� says with them a wealth of connections and understanding of business.��� Ament. The department says it���s now consulting with stake���But they���re not standing still. Every one of them has made the decision to go into different projects in differ- holders on how to reform the program. Rosenblatt believes the government should modify ent countries. We���ve lost good people and good capital the program to accept those who also invest in Canadian along the way.��� Ament has had indications that the department con- companies and ultimately help small businesses. But he tinues to assess his outstanding applications based on thinks there shouldn���t be any problems with letting afflucommunications with immigration officers who have ent businesspeople come to Canada. ���Rich businesspeople, you let them in and they���ll creasked for more information or who say they���re still reviewing the files. But Ament worries the government ate opportunities,��� says Rosenblatt. ���From my perspeccould terminate the backlog of applications just as it did tive, I don���t see a downside to letting a rich businessperson into the country.��� LT with the federal skilled-worker program in July 2012. A OF CANADIAN LEGAL NEWS DAILY BLOG [ WWW.CANADIANLAWYERMAG.COM/LEGALFEEDS ] MAJOR COURT RULINGS EVENTS POWERED BY CANADIAN LAWYER & LAW TIMES LegalFeeds-1/3-LT-Nov12-12.indd 1 www.lawtimesnews.com 12-11-13 10:49 AM

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