AINP Class Action Lawsuit
- Thread starter letscrak
- Start date
what lawsuit you are talking about? Is there any lawsuit from people with NOC 2171 to include 2171 in list of occupations? Is that the case?
http://www.canadavisa.com/canada-immigration-blog/2010/03/alberta-doesnt.html
What Alberta Doesn’t Get
March 18th, 2010
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Firstly, here’s a primer for the uninitiated.
Canada (the Federal government) has entered into bilateral agreements with all the provinces to allow those provinces to nominate individuals to become Canadian permanent residents based on the nominee’s ability to contribute to the economic growth and development of that province.
Around the beginning of 2008, the province of Alberta began to actively recruit certain US visa holders (mostly IT professionals in the H1-B category), working temporarily in the US and offered them a path to Canadian permanent residency via a provincial nomination certificate. A good number of qualified individuals (probably in excess of 3,000) took Alberta up on its offer and submitted applications for a provincial nomination certificate. Now, many of those qualified applicants are being told that their nomination certificate will not be forthcoming. Instead, Alberta has informed them that their files have been closed due to changes in the global economic climate.
For the moment, let’s leave aside the whole legality issue pertaining to Alberta’s actions, as this will likely become the basis of a Class Action suit. Instead, I want to look at this from a human point of view; more specifically from the position of individuals who in good faith planned their lives in reliance upon the undertakings made by the province of Alberta.
Succinctly put, this heartless action by Alberta immigration authorities will surely cause life-changing prejudice to many of the provincial nominee candidates, whose only sin was to believe what they were told by the Alberta government.
The following scenarios would reasonably come to mind. You have, for example, a senior project manager with a company such as IBM, who was bypassed for promotion, or worse, replaced, because his employer knew of his Canadian immigration plans. You have an IT manager with a company like Deloitte, who turned down her employer’s offer to sponsor her US Green Card application because she had decided to settle in Alberta. You have a systems analyst with a company like Oracle, who quit his job to return to India and marry his fiancée in anticipation of raising a family in Canada. There are many other similar predicaments, but I’m sure you get the point.
Pure and simple, it is wrong for a Canadian government body, provincial or federal, to make a serious commitment to an individual and to then renege. It is no less reprehensible because the individual affected is not yet a citizen of our country.
I know the argument from the other side, namely that the Albertan authorities owe a higher duty to the people of their province than to would-be residents from abroad. If jobs in the IT field are tough to come by for Albertans, why bring in more IT professionals? My response is that you made a clear commitment to these potential newcomers and it is fair to assume that they planned their lives accordingly. There is no question that the decisions taken here were arbitrary and unfair, at least to those applicants whose files were closed.
All I can say is that we are all on a slippery slope in Canada if we allow our administrative officers to disregard well-established principles of natural justice and procedural fairness in the name of percieved public interest.
What Alberta Doesn’t Get
March 18th, 2010
|
Firstly, here’s a primer for the uninitiated.
Canada (the Federal government) has entered into bilateral agreements with all the provinces to allow those provinces to nominate individuals to become Canadian permanent residents based on the nominee’s ability to contribute to the economic growth and development of that province.
Around the beginning of 2008, the province of Alberta began to actively recruit certain US visa holders (mostly IT professionals in the H1-B category), working temporarily in the US and offered them a path to Canadian permanent residency via a provincial nomination certificate. A good number of qualified individuals (probably in excess of 3,000) took Alberta up on its offer and submitted applications for a provincial nomination certificate. Now, many of those qualified applicants are being told that their nomination certificate will not be forthcoming. Instead, Alberta has informed them that their files have been closed due to changes in the global economic climate.
For the moment, let’s leave aside the whole legality issue pertaining to Alberta’s actions, as this will likely become the basis of a Class Action suit. Instead, I want to look at this from a human point of view; more specifically from the position of individuals who in good faith planned their lives in reliance upon the undertakings made by the province of Alberta.
Succinctly put, this heartless action by Alberta immigration authorities will surely cause life-changing prejudice to many of the provincial nominee candidates, whose only sin was to believe what they were told by the Alberta government.
The following scenarios would reasonably come to mind. You have, for example, a senior project manager with a company such as IBM, who was bypassed for promotion, or worse, replaced, because his employer knew of his Canadian immigration plans. You have an IT manager with a company like Deloitte, who turned down her employer’s offer to sponsor her US Green Card application because she had decided to settle in Alberta. You have a systems analyst with a company like Oracle, who quit his job to return to India and marry his fiancée in anticipation of raising a family in Canada. There are many other similar predicaments, but I’m sure you get the point.
Pure and simple, it is wrong for a Canadian government body, provincial or federal, to make a serious commitment to an individual and to then renege. It is no less reprehensible because the individual affected is not yet a citizen of our country.
I know the argument from the other side, namely that the Albertan authorities owe a higher duty to the people of their province than to would-be residents from abroad. If jobs in the IT field are tough to come by for Albertans, why bring in more IT professionals? My response is that you made a clear commitment to these potential newcomers and it is fair to assume that they planned their lives accordingly. There is no question that the decisions taken here were arbitrary and unfair, at least to those applicants whose files were closed.
All I can say is that we are all on a slippery slope in Canada if we allow our administrative officers to disregard well-established principles of natural justice and procedural fairness in the name of percieved public interest.
Seriously this was most serious breach of promise on part of Alberta Government. If you were to befool people then why those pamphelets and brochures were distributed with slogans like "Alberta awaits" and "In coming 10 years Alberta will need 100,000 of these highly skilled professionals"
They have lost thier credibility. I am sure that this decision is partially influenced by some anti-immigration lobbyist in Edmonton or something like that.
They simply played with the future of people who applied. Instead they should have announced with some sort of deadline so that people who have already send thier application would not have disappointed. One thing is clear that Canadian Immigration decisions are so radical and brutal that they always cause lot of pain among people.
Back in 2008. When that Jason Kenney announced 38 occupation list under skilled worker program , he also enacted that change retrospectively so one who applied in March 2008 was also affected through the changes in list which were announced in December 2008. At least Alberta should consider to re-open those whose files were recieved. What happened to those witches who were in San Fransisco and delivering lecture about Alberta Immigration and blah blah.
Please forgive for bad word I am deeply upset because some of my friends were practically crying because of this AINP change.
They have lost thier credibility. I am sure that this decision is partially influenced by some anti-immigration lobbyist in Edmonton or something like that.
They simply played with the future of people who applied. Instead they should have announced with some sort of deadline so that people who have already send thier application would not have disappointed. One thing is clear that Canadian Immigration decisions are so radical and brutal that they always cause lot of pain among people.
Back in 2008. When that Jason Kenney announced 38 occupation list under skilled worker program , he also enacted that change retrospectively so one who applied in March 2008 was also affected through the changes in list which were announced in December 2008. At least Alberta should consider to re-open those whose files were recieved. What happened to those witches who were in San Fransisco and delivering lecture about Alberta Immigration and blah blah.
Please forgive for bad word I am deeply upset because some of my friends were practically crying because of this AINP change.
I am trying to analyze the scenarios below -
The following scenarios would reasonably come to mind. You have, for example, a senior project manager with a company such as IBM, who was bypassed for promotion, or worse, replaced, because his employer knew of his Canadian immigration plans.
It will be very foolish on the part of the individual to communicate his plan to migrate to Canada because he have applied for Alberta immigration nominee. For example ..Nobody discuss of leaving his current job with his boss when they have applied for a job in the job ads.
You have an IT manager with a company like Deloitte, who turned down her employer's offer to sponsor her US Green Card application because she had decided to settle in Alberta.
Again too early to turn down an offer like this at that point of time.
You have a systems analyst with a company like Oracle, who quit his job to return to India and marry his fiancée in anticipation of raising a family in Canada. There are many other similar predicaments, but I'm sure you get the point.
It is responsibility on the part of an applicant to not take any decision base on something which may or may not happen.
It wrong on the side of Alberta Govt to over estimated the labor requirement. However it has not made any promised to issue nomination whoever applied for it. So I would say If someone is victim of AINP program, it will also be a fault on the victim's part to take an action base on something not very sure - in wise man's words "killing his cat before the buying the Cow".
The following scenarios would reasonably come to mind. You have, for example, a senior project manager with a company such as IBM, who was bypassed for promotion, or worse, replaced, because his employer knew of his Canadian immigration plans.
It will be very foolish on the part of the individual to communicate his plan to migrate to Canada because he have applied for Alberta immigration nominee. For example ..Nobody discuss of leaving his current job with his boss when they have applied for a job in the job ads.
You have an IT manager with a company like Deloitte, who turned down her employer's offer to sponsor her US Green Card application because she had decided to settle in Alberta.
Again too early to turn down an offer like this at that point of time.
You have a systems analyst with a company like Oracle, who quit his job to return to India and marry his fiancée in anticipation of raising a family in Canada. There are many other similar predicaments, but I'm sure you get the point.
It is responsibility on the part of an applicant to not take any decision base on something which may or may not happen.
It wrong on the side of Alberta Govt to over estimated the labor requirement. However it has not made any promised to issue nomination whoever applied for it. So I would say If someone is victim of AINP program, it will also be a fault on the victim's part to take an action base on something not very sure - in wise man's words "killing his cat before the buying the Cow".
It will be very foolish on the part of the individual to communicate his plan to migrate to Canada because he have applied for Alberta immigration nominee. For example ..Nobody discuss of leaving his current job with his boss when they have applied for a job in the job ads.
That may be called foolish step in some cirmcumstances but not in every circumstnaces. The promise was made by Alberta Government a resonably very reliable authority. When Government promise something people trust it and there is no reason that one should not believe promises made by Govt officials on behalf of Govt.
Also the examples of IT manager with Deloitte and etc are just the way presentation by an Attroney to demonstrate the consequences of AINP's action.
That may be called foolish step in some cirmcumstances but not in every circumstnaces. The promise was made by Alberta Government a resonably very reliable authority. When Government promise something people trust it and there is no reason that one should not believe promises made by Govt officials on behalf of Govt.
Also the examples of IT manager with Deloitte and etc are just the way presentation by an Attroney to demonstrate the consequences of AINP's action.
This is just a gimmick of the middle man , lawyer or consultant, who had promised Canada PR through AINP program with a hefty fees. And when situation turn wrong side, the middle man has to show a sampathy to calm down his clients who start asking a refund.
Also for those applicant who were not nominated due to NOC 2171 no longer concidered under pressure, it is for good of the applicant only. We heard of many people stucked with wrong job after migrating to Canada. It saves money time and career. AINP is not the end of the world.
Also for those applicant who were not nominated due to NOC 2171 no longer concidered under pressure, it is for good of the applicant only. We heard of many people stucked with wrong job after migrating to Canada. It saves money time and career. AINP is not the end of the world.
With this attitude, you are going to be second_angle forever. Change your attitude and try to become first_angle.Second_angle said:
One attorney is taking effort to challenge the govt's decision. We should appreciate his efforts instead of calling him as middle man.
Your analysis is SENSELESS.Second_angle said:
Here nobody killed our cat before buying a cow. Of course here nobody will kill his/her cat even after buying cow. Because cat (US GC/career) is better than cow (AINP PR/career). This thread is all about keeping the community appraised about the actions happening in background. People may choose to join the action or wait and watch. All that you have to do is, understand that people who have applied for AINP in IT job codes are all highly skilled and highly educated. They know enough by themselves. Please stop your BS here.
The Alberta government has all the right to adjust its priority when comes to the AINP. In the end, nobody forces anybody to sacrifice in order to apply for immigration. This is solely personal decision and should prepare that the application may be denied.
Govt officials do not understand the condition of an immigrant worker. How hard immigrant works in this country, only one immigrant can understand. Alberta Govt officials do not understand the potential of these technology professionals.
Alberta Officials, if they are reading this forum, then they must realize that rejecting or neglecting AINP applications of these professionals is like destroying hundreds of jobs, Millions of tax revenue and potential of Alberta to become a new Silicon Valley. Mostly IT Folks in United States have the capability and potential to own and run a Tech Company if they are given an opportunity to do so. Imagine what 40-50 thousand young, energetic, experienced, professionals can do. No country will ever like to reject these talented professionals who have the capacity to make tech-savvy country and thereby enrich its economy. Alberta Govt should learn from thier neighbor that despite of 10% unemployment still USA is welcoming H1B applications and under new immigration bill there is a invitation for tech professionals, scientist and doctors. If economy and recession were the reasons to stop importing these professionals then USA would have done long ago. But America is a smart nation and they know what will keep its leadership alive. Please re-open Nomination files please re-open atleast those which were recieved at office.
Alberta Officials, if they are reading this forum, then they must realize that rejecting or neglecting AINP applications of these professionals is like destroying hundreds of jobs, Millions of tax revenue and potential of Alberta to become a new Silicon Valley. Mostly IT Folks in United States have the capability and potential to own and run a Tech Company if they are given an opportunity to do so. Imagine what 40-50 thousand young, energetic, experienced, professionals can do. No country will ever like to reject these talented professionals who have the capacity to make tech-savvy country and thereby enrich its economy. Alberta Govt should learn from thier neighbor that despite of 10% unemployment still USA is welcoming H1B applications and under new immigration bill there is a invitation for tech professionals, scientist and doctors. If economy and recession were the reasons to stop importing these professionals then USA would have done long ago. But America is a smart nation and they know what will keep its leadership alive. Please re-open Nomination files please re-open atleast those which were recieved at office.
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@ Second_angleSecond_angle said:
Certainly The Alberta Govt. do have the right to make or ammend her policies BUT this is Unethical as well as Illegal to enforce a new order in retrospect. This is why Mr. David Cohen came forward to represent those afected persons.
The applicants do have thier right to be told the correct info at the correct time. The Alberta government cannot just play games with them.
You also need to understand this all.
Always Hopeful
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