TUESDAY, JULY 5, 2005

Pair claim point system and government advertising were misleading

Two immigrants who launched a $2-million lawsuit against the federal government in 2001 will soon learn whether their case will go to triaI.

The two, who live in Edmonton, claim the immigration point system was mis­leading and that government advertis­ing assured them they would easily find jobs when they came to Canada from the United Kingdom in 1998. They didn't. ,

Selladurai Premakumaran, who trained as an accountant, was reduced to stocking shelves at a department store . His . bookkeeper wife, Nesamalar, cleaned toilets.

In the coming months, the two expect a federal court judge to decide whether to issue a summary judgment that will end the case - as requested by the gov­ernment - or set a trial date.

"They have done everything to prevent this case from moving forward," Ne­samalar said Monday.

All we want is to go forward. We are suffering. The more the delay, the more we are suffering."

In the couple's amended statement of claim, the two allege their circumstances . in Canada have led to "mental agony, financial loss," health problems and loss  of dignity.  

They say the point system used by im­migration officials looks at education and occupation, which led them to be­lieve their qualifications and experience would be valued in Canada.

The couple also cites the Canadian High Commission's "promotional ef­forts"which read: "If your present job de­scription fits our occupation list, then Canada needs your expertise."

In a statement of defence, the govern­ment denies all allegations.

"The case is so doubtful that it deserves no further consideration by this hon­ourable court," Department of Justice lawyer Rick Garvin Writes in a June 2  motion for summary judgment.

He says no immigration official misled the Premakumarans, so the government has no liability.

Moreove:r; the family had choices. Sel­ladurai Premakumaran came to Canada six months before his wife and children, and the family could have chosen to re­main in the U.K. when it became appar­ent that he could not get a job, the gov­ernment says.

The family retained British citizen­ship and Garvin writes that Nesamalar Premakumaran could have returned to her civil service job any time until early 2003.

Garvin said SelladuraiPremakumaran was never a licensed accountant in the u.K., nor has he ever been a licensed ac­countant in Canada. The family's immi­gration officer classified him as a book     keeper. 

The government has long known that skilled immigrants have difficulty find­ing rewarding employment. A 2001 Sta­tistics Canada study showed 70 pet cent have trouble finding relevant work.    

In 2003, the House of Commons im­migration committee reported that high­ly skilled immigrants were doing low­ skill work because there were few pro­grams to help them adapt.

The Premakumarans expect to have a decision by mid-August.

kkleiss@thejournal,canwest.com