LEGAL NOTICE FROM
CANADA BORDER SERVICES AGENCY (CBSA)

NOTICE OF PROPOSED CLASS ACTION LAWSUIT IN CANADA,
RELATING TO CERTAIN PEOPLE BEING REMOVED FROM CANADA

1. WHY YOU RECEIVED THIS NOTICE:

You have received this Notice because you received a negative Pre-Removal Risk Assessment (PRRA) Decision that was made between December 13, 2003 and October 8, 2004.

2. PURPOSE OF THIS NOTICE:

A proposed class action lawsuit has been filed in Canada that may affect your rights. The name of the lawsuit is Nalliah v. Minister of Citizenship and Immigration and the Solicitor General of Canada, Court File No.: IMM-9071-04. If the proposed class action is successful you may be entitled to a new PRRA and may be entitled to return to Canada.

The lawsuit was started because Mr. Nalliah and others believe that PRRA decisions made between December 13, 2003 and October 8, 2004 were unfair because the PRRA process lacked the required institutional independence during that time.

For further information about the Nalliah proposed class action and how it may affect your rights, please visit the CBSA website at www.cbsa.gc.ca. You should continue to visit the website regularly for updates. You may also contact Mr. Lorne Waldman, lawyer for the proposed class action at the address set out below at no charge to you (other than telephone charges) and you may leave him your contact information or the contact information of a relative in Canada.

Lorne Waldman
Waldman & Associates
281 Eglinton Avenue East
Toronto, Ontario
Canada M4P 1L3

E-mail: law@lornewaldman.ca
Tel: (416) 482-6501
Fax: (416) 489-9618

Please note that the Department of Citizenship and Immigration and its officers, the Canada Border Services Agency and its officers, and the Federal Court and its employees, WILL NOT respond to any questions from you (or your representative) regarding this Notice or the proposed class action in Nalliah.

UPDATE - 30 June 2005

This matter was heard by the Honourable Mr. Justice Gibson of the Federal Court of Canada on April 25 and 26, 2005. By Orders dated May 27, 2005 Justice Gibson dismissed the lawsuit, finding that the PRRA decision-making group was sufficiently independent and impartial during the relevant time period.

The Federal Court's decision is found in two cases, which must be read together: Nalliah v. The Minister of Citizenship 2005 FC 759 and Say v. The Solicitor General of Canada 2005 FC 739.

The issue of institutional independence will be addressed by the Federal Court of Appeal in the future. For further updates, you should continue to contact this website or Mr. Lorne Waldman at the address above.