1.         Overview of this lawsuit:        NGUYEN v. HER MAJESTY THE QUEEN

On July 31, 2018, the Federal Court certified a class proceeding lawsuit in the case of Nguyen v. Her Majesty the Queen, Court File No. T-1778-15. This lawsuit alleges that the Government of Canada collected more money through charging service fees to applicants for a multiple-entry temporary resident visa applications [the “MTRV applications”] and certain non-MTRV applications [the “Non-MTRV applications”] than the Government of Canada spent to process and make decisions on the applications for which the fees were paid. The lawsuit alleges that an illegal and recoverable profit was made by the Government of Canada during the period October 21, 2009 and March 31, 2015, and asks as relief, among other things, that a partial financial refund of the fees paid be given to the people who paid the service fees.

Ms. Thi Quynh Chi Nguyen has been recognized by the Court at this time as the “Representative Plaintiff” for the class of people who paid the service fees at issue in this lawsuit.

The Government of Canada has defended this lawsuit, stating that, as a general matter, it has cost the Government of Canada more to process visa applications  of class members than it has collected in service fees from class members and that even if it cost less than the fees collected these excess fees are not recoverable.

This class proceeding was commenced pursuant to the procedures set out in the Federal Courts Rules. The specific rules governing class proceedings are set out in Part 5.1 of the Federal Courts Rules 334.1 and following. All of these Rules are posted on the Federal Court of Canada website (www.fct-cf.gc.ca).

This case has not yet gone to trial before the Federal Court of Canada and there has been no judicial decision made on the merits of this lawsuit. More details of the legal issues raised in this lawsuit appear in the Federal Court's Order of July 31, 2018, attached as PART A to this Notice.

2.         Class Definition: Are you a class member?

This lawsuit affects a large group of people defined by the Court, known as “the class”. Your legal rights may be affected by this lawsuit if you are a member of the class.

CLASS MEMBERS ARE, in general terms and subject to some exceptions, people who paid service fees to the Government of Canada at the time between October 21, 2009 and March 31, 2014 for an MTRV application. These people are referred to as the “MTRV Sub-Class”. The relevant fee regulation from the Immigration and Refugee Protection Regulations for “MTRV applications” is attached as PART B to this Notice.

CLASS MEMBERS ALSO ARE, in general terms and subject to some exceptions, people who paid one or more service fees to the Government of Canada for immigration applications other than the MTRV applications (the “Non-MTRV applications”) between October 21 2009, and March 31, 2015. . These people are referred to as the “Non-MTRV Sub-Class”. The “Non-MTRV Sub-Class” would include, for example, people who paid service fees for permanent resident applications, work permit applications, study permit applications, and single-entry temporary resident visa applications. The relevant fee regulations from the Immigration and Refugee Protection Regulations for “Non-MTRV applications” are attached as PART C to this Notice.

Shortly following certification of the “Non-MTRV Sub-Class” and the expiry of the opt-out period, all of the claims of the “Non-MTRV Sub-Class” will be dismissed without costs. The litigation discovery and disclosure process has determined to the satisfaction of the parties that these claims will not succeed because it has cost the Government of Canada more to process and make decisions on applications made by the Non-MTRV Sub-Class members than it has collected in service fees from such sub-class members. 

To decide if you are a class member in this case, you should read the exact definition of the class in the Order of the Court attached as PART A, together with PART B, and PART C to this Notice.

If you are not sure if you are a member of the class in this lawsuit, you should seek advice from one of the three lawyers in Canada who represent the class in this case (“Class Counsel”); these lawyers' names and contact information appear at the end of this Notice. 

3.         What being a class member means for you

As a class member, you do not need to do anything to remain part of this lawsuit. If you are part of the class in this case and do not actively participate in the litigation, there is no risk that you will be required to pay anything in respect of this case. However, your legal rights concerning the claims made in this case will be affected.  If you have paid a Non-MTRV application fee between October 21, 2009 and March 31, 2015, any claims you have with respect to allegations that the Government of Canada made illegal profits on these fees will be dismissed if you do not opt out of the Non-MTRV Sub-Class and this class action.  If this class action proceeds to trial and a final decision is made by a judge of the Federal Court, the Federal Court of Appeal or the Supreme Court of Canada, or if this lawsuit is settled, as a class member, your legal rights concerning this case will be affected by the final outcome of this case, whether the class wins any relief and benefits, or loses and gets nothing.

4.         How to “Opt-Out” of this lawsuit

If you do not wish your legal rights to be affected by this case, you must remove yourself from this lawsuit, through a time-limited process called “opting-out”. The details on how to exercise your right to “opt-out” of this lawsuit appear below. If you opt-out of this lawsuit, your legal rights will not be directly affected by the outcome of this case and you have the right to bring your own lawsuit with your own lawyer at your own expense. However, there is a risk that the time limit for you to commence your own lawsuit may have passed and it is uncertain whether you may take advantage of any of the Orders that have been made in this case. Further, if you bring your own lawsuit, you may be required to post security for the Government of Canada's legal costs and you may, in certain circumstances, also be responsible to pay the Government of Canada's legal costs if your case is dismissed.

If you do not wish to remain part of this lawsuit, you must clearly, legibly and accurately complete the “Opt-Out Form”, which is attached as PART D to this Notice. All the requested information must be provided by you and your completed Form must be received by Class Counsel in Canada not later than NOVEMBER 15, 2018. Opt-Out Forms received by Class Counsel after NOVEMBER 15, 2018, will not be valid and will not result in you removing yourself from this lawsuit. You must mail, e-mail, or fax your completed “Opt-Out Form” to Class Counsel in Canada; see the end of this Notice. If you require more information about what “opting-out” means for you or how to do so, you should contact Class Counsel in Canada.

5.         Possible financial consequences to you and summary of agreement on legal fees and disbursements

If this lawsuit is successful or if a settlement favourable to the class is reached, the Court will determine or approve the relief to which class members may be entitled and how such relief should be distributed to or for the benefit of the class members. If this lawsuit does not succeed, there will be no financial benefit available to class members.

Class Counsel have entered into a retainer agreement with the Representative Plaintiff respecting legal fees and disbursements. Such fees are subject to Court approval and cannot exceed 33% of any monetary amount the class may be awarded. Class Counsel will not receive payment for fees and disbursements if the lawsuit is unsuccessful. Class Counsel will pay for all disbursements and will seek to recover those costs in the event of success and will apply to the Court for payment of fees and disbursements out of the proceeds of any settlement or judgment in favour of the class (to the extent that such fees and disbursements are not otherwise payable by the Defendant). Other than the Court-approved contingency fees, which may be deducted from any judgment or settlement amount, class members will not have to pay any legal fees or disbursements of any kind.

6.         How to get more information about this class proceeding lawsuit in Canada

To obtain more information about this class proceeding lawsuit, including this Notice and the “Opting-Out” process, you should contact Class Counsel in Canada listed at the end of this Notice. You can submit your written questions to them by mail, e-mail or facsimile transmission. You can also telephone Class Counsel. Additional information and updates on the current status of this lawsuit (including details of the claim made on behalf of the class and the defence of the Government of Canada) are available on the following website:  www.visalitigation.com

7.         Who WILL NOT answer your questions about this class proceeding lawsuit

The Federal Court and its employees in Canada WILL NOT respond to your questions about this lawsuit. The Government of Canada, including Immigration, Refugees and Citizenship Canada and its employees in Canada and abroad and its lawyers, WILL NOT respond to your questions about this lawsuit.

8.         Contacting Class Counsel in Canada

All your questions and all correspondence from you relating to this lawsuit must be directed only to the Class Counsel lawyers in Canada, whose role and obligation is to represent the class members and answer your questions about this case; contact Class Counsel as indicated below.

CLASS COUNSEL can be contacted by regular mail, e-mail, fax or telephone as follows:

Mr. Lorne Waldman, Mr. Richard Kurland, and Mr. Gerry Cuttler

Barristers and Solicitors

c/o Visa Litigation

281 Eglinton Avenue East

Toronto, Ontario

CANADA   M4P IL3

E-mail:                                                        info@visalitigation.com

Telephone Number:                              1-877-274-2971

Facsimile Transmission Number:     1-877-274-2971

Nguyen v. Her Majesty the Queen, Federal Court File No. T-1778-15

CLASS MEMBER “OPT-OUT” FORM

(Request for Exclusion from Class Proceeding Lawsuit)

You may opt-out of the Class Proceeding Lawsuit by completing this form and mailing it, e-mailing it, or faxing it, to Class Counsel in Canada. I have read and understood the Court-Approved Legal Notice titled: “COURT-APPROVED LEGAL NOTICE OF CLASS PROCEEDING LAWSUIT IN CANADA”, and I believe that I am a member of the class in this lawsuit. I do not wish to be included as a member of the class in this case. I want to Opt-Out (be excluded) from the class and realize that by doing so, I cannot receive any possible benefits which members of the class may obtain as a result of this class proceeding; financial or otherwise. I understand that by completing and submitting this “Opt-Out Form” to Class Counsel, I shall not be bound by the outcome of this case, that Class Counsel on this case cannot represent me or assist me, but that I can pursue my own legal claim if I wish at my own expense.

Multiple-Entry Visa (MTRV) Application or Non-MTRV Application File Number:      ____________________________________

Location submitted  (Country and city):      ____________________________________________________________________________

Date submitted (dd / mm / yyyy):                  ____________________________________________________________________________

My Full Name:           ___________________________________________________________________________________________________

                                       (Print Clearly)

My Current Address:                          ___________________________________________________________________

                                                                   ___________________________________________________________________

                                                                    __________________________________________________________________

                                                                    __________________________________________________________________

My Signature:           __________________________________________

Date:                           __________________________________________

        

Immigration Act Fees Regulations  SOR/97-22, P.C. 1996-2003  Coming into Force;  January 2, 1997

1    Permanent Resident Application-Business Class    $1000    Sch. (Section 3) item 2(4)(a) Column III

2    Dependents (<19, not a spouse)    $100   Sch. (Section 3) item 1(2) Column III; Item 2(2), Column III; Item 2(5), Column III;

      Item 2(7) Column III

3    Employment Authorizations  $150-individual; $450-group   Sch. (Section 3) item 5(1) Column III; Item 6 Column III

4    Extension of Visitor Status  $75   Sch. (Section 3) Item 3(1)(a)(b) Column II, Column III

5   Visitor Visa – Single entry  $75 single entry   Sch. (Section 3) item 3, (1)(a)(b), Column III

6   Visitor Visa   $400 family maximum    Sch. (Section 3) item 4(a)(b), Column III

7   Student Authorization   $125    Sch. (Section 3) Item 7(1), Column III

Immigration and Refugee Protection Regulations SOR/2002-227, June 11, 2002

8   Permanent Resident Visa – member of the investor class – principal applicant   $1050   s. 295(1)(b)(i)

9   Permanent Resident Visa – member of the investor class – a family member of the principal applicant who is 22 yrs of     

     age or older or is less than 22 yrs of age and is a spouse or common-law partner $550   s. 295(1)(b)(ii)

10  Permanent Resident Visa – member of the investor class - a family member of the principal applicant who is less than

      22 yrs old and is not a spouse or common-law partner   $150   s. 295(1)(b)(iii)

11  Permanent Resident Visa - member of any other class or by a person referred to in s. 71 - principal applicant   $550

       s. 295(1)(c)(i)

12   Permanent Resident Visa - member of any other class or by a person referred to in s. 71 - a family member of the

       principal applicant who is 22 yrs of age or older or is less than 22 yrs of age and is a spouse or common-law partne  

       $550    s. 295(1)(c)(ii)

13   Permanent Resident Visa - member of any other class or by a person referred to in s. 71 - a family member of the

       principal applicant who is less than 22 yrs old and is not a spouse or common-law partner    $150     s. 295(1)(c)(iii)

14  Payment by sponsor in respect of an application as a member of a family class or their family members  $475 + $75

      s. 295(3)(a) & s. 304(1)

15  Temporary Resident Visa   $75 single entry    s. 296(1)

16  Temporary Resident Visas   $400 family maximum   s. 296(3), 297(2)

17  Work permits   $150-single; $450-maximum group   s. 299(1); s. 299(3)

18  Study Permits   $125  s. 300(1)

19  Permanent Resident Visa – member of the live-in caregiver class or as a protected person under 175(1) in respect of a

      principal applicant  $550   s. 301(1)(b)(i)

20  Permanent Resident Visa - member of the live-in caregiver class or as a protected person under 175(1) in respect of  a

       family member of the principal applicant who is 22 yrs of age or older or is less than 22 yrs of age and is a spouse or

       common-law partner   $550   s. 301(1)(b)(ii)

21  Permanent Resident Visa - member of the live-in caregiver class or as a protected person under 175(1) in respect of a

       family member of the principal applicant who is less than 22 yrs old and is not a spouse or common-law partner  $150

       s. 301(1)(b)(iii)

22  Payment by sponsor in respect of an application as a member of the spouse or common-law partner in Canada class or

       their family members   $475 + $75   s. 301(2)(a) & s.304(1)

23   Extension of Authority to remain in Canada as a temporary resident    $75    s. 305(1)

Immigration and Refugee Protection Regulations SOR/2014-19, January 28, 2015

24   Work Permit   $155; $465-maximum group   s. 299.(1); s. 299.(3)

25   Study Permit  $150   s. 300.(1)

Immigration and Refugee Protection Regulations SOR/2014-19, s. 2. January 29, 2014, s. 296(1)

26  Single or multiple entry — $100    296. (1) A fee of $100 is payable for processing an application for a temporary resident visa to enter Canada one or more times.”

Immigration and Refugee Protection Regulations SOR/2002-227,  June 11, 2002 s. 297(1)
1     June 11, 2002     $150 multiple entry 
“Multiple entry — $150      297. (1) A fee of $150 is payable for processing an application for a temporary resident visa to enter Canada more than once.”