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

This matter was heard by the Honourable Mr. Justice Gibson of the Federal Court of Canada on April 25, 2005. By Order 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 Court's decision is found in two lawsuits which must be read together. They are Nalliah v. The Minister of Citizenship 2005 FC 759 and Say v. The Solicitor General of Canada 2005 FC 739.

The issues of independence and impartiality will be addressed by the Federal Court of Appeal in the future. You should continue to contact this website for updates. You may also continue to contact Mr. Lorne Waldman, at the address set out above.

FURTHER UPDATE

On December 12, 2005 the Federal Court of Appeal (FCA) dismissed the appeal of the decision in Say v. M.C.I. 2005 FC 739. The FCA concluded the PRRA decision-making process between December 13, 2003 and October 8, 2004 was sufficiently independent and impartial. It is possible that this matter may be appealed to the Supreme Court of Canada. If that is the case, this website will be updated. You may continue to contact Mr. Lorne Waldman, at the address set out above.

FINAL UPDATE:

Mr. Waldman sought permission from the Supreme Court of Canada to hear an appeal, of the Federal Court of Appeal’s decision in Say v. Canada 2005 FCA 739. By Order dated April 27, 2006, the Supreme Court of Canada refused to hear any appeal in this matter. This brings this litigation to an end.