High court refuses to hear Moroccan immigration case

The Supreme Court of Canada refused to hear the case of two Moroccans who accused the Quebec government of discrimination in its handling of immigration applications from the North African country. As is usually the case, the high court did not give reasons for its decision.

Khadija Goumbarak and Mohamed Tayouri filed applications for a Québec selection certificate in the class subject to the list of occupations in demand.  Between the time they filed their applications and the time those applications were considered, the list was amended, and the occupations for which they were allegedly qualified were withdrawn from the list.  Their applications were rejected because they also could not meet the requirements in the “employability and occupational mobility” class.  Goumbarak and Tayouri filed a motion for declaratory judgment to quash the decision of the Quebec Minister of Relations with Citizens and Immigration on the grounds that they had, inter alia, acquired rights at the time they filed their applications and were the victims of discrimination on the basis of their Moroccan citizenship.  The Superior Court dismissed the motion.  The Court of Appeal dismissed the appeal.

I’ve written about the Quebec court of appeal ruling, and you can read it here.

Quebec minister has wide powers over immigration rules appeal court

The Quebec government has wide discretionary powers to issue selection certificates to foreign nationals seeking to settle permanently in the province, according to two rulings issued concurrently in related matters by the Quebec Court of Appeal.

Indeed, the Court points out that under the Act respecting immigration to Québec (the Act), the Quebec Minister of Immigration and Cultural Communities can issue selection certificates to applicants who do not satisfy conditions and selection of criteria established by government policy, or refuse applicants who meet the conditions. Continue reading “Quebec minister has wide powers over immigration rules appeal court”