Section 87.4 — Immigration and Refugee Protection Act: Application made before February 27, 2008

An application by a foreign national for a permanent resident visa as a member of the prescribed class of federal skilled workers that was made before February 27, 2008 is terminated if, before March 29, 2012, it has not been established by an officer, in accordance with the regulations, whether the applicant meets the selection criteria and other requirements applicable to that class. Subsection (1) does not apply to an application in respect of which a superior court has made a final determination unless the determination is made on or after March 29, 2012. The fact that an application is terminated under subsection (1) does not constitute a decision not to issue a permanent resident visa. Any fees paid to the Minister in respect of the application referred to in subsection (1) — including for the acquisition of permanent resident status — must be returned, without interest, to the person who paid them. The amounts payable may be paid out of the Consolidated Revenue Fund. No person has a right of recourse or indemnity against Her Majesty in connection with an application that is terminated under subsection (1).