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hopefulever

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Yes possibly. Bcos Laywers are pulling their cloths one by one.
 

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hopefulever said:
Yes possibly. Bcos Laywers are pulling their cloths one by one.
Count down starts.....Best of luck to all of us.
 

warmest

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IMMIGRATION: Minister Jason Kenney faces protest in Sikh holy city of Amritsar

Vancouverdesi.com, Sunday, January 13th, 2013

Expressing their anger against the Canadian government for delaying their visas, a crowd of 40-50 men and women greeted Canadian minister for citizenship, immigration and multiculturalism Jason Kenney with a protest in Amritsar today.

They claimed that the Canadian government had cheated and mentally harassed them by keeping them waiting for visas and work permits for eight years and then all of a sudden deciding to send back their visa applications, according to a report in the Hindustan Times (refer to my following posting).

The protesters, under the banner of the Canadian Backloggers Pre-2008 Association, demanded that instead of returning their applications, the Canadian High Commission in New Delhi should be asked to process their cases. Holding placards, they demanded legitimate entry into Canada and not the processing fee they had deposited with the Canadian consulate general.

The protest was organised outside Jallianwala Bagh as the Canadian minister drove down to pay obeisance at the Golden Temple. Even as the minister's cavalcade headed back to the hotel, the protesters, led by association president Rakesh Kumar Garg, demanded an audience with the minister.

Talking to the media, Garg said that just prior to 2008, the Canadian government had invited skilled workers and a larger number of Indians had applied for the jobs. The Canadian government appointed agents all over the world for collecting applications and processing fee, he said.

“Till date, not a single Indian who had applied under the skilled workers' category has got a Canadian visa. The applicants from India feel that they have been discriminated against by the Canadian immigration authorities because they have been made to wait longer than applicants from any other country. Now the Canadian authorities have all of a sudden decided to return the applications and files of the applicants,” claimed Garg, calling the action “inhuman”.

Garg said that many of the members of the association had even filed applications in Canadian courts against the government's decision to reject their cases for visa. He said they want their cases to be processed so that they can get legitimate entry into Canada. “If this is not possible, the Canadian government should pay suitable compensation to each and every applicant for disturbing their mental peace,” he said.

Punjab revenue, public relations and NRI (Non-Resident Indians) affairs minister Bikram Singh Majithia also took up the backlog case with Kenney and pointed out that for the past eight years, a large number of applicants had gone through a lot of mental agony. He appealed to the minister to reconsider their cases and take a decision as per the immigration rules of his country.

Kenney, when questioned about the backlog, said, “We have decided to send back all the applications as well as repay the processing and other fee to the applicants. We have now asked for fresh applications. This decision was taken to streamline the entire visa system as the huge backlog of applicants in India and other countries had created a total mess. We were left with no other option but to send back all pending applications. Now we hope everything will move in a smooth manner.”

Later, Kenney described as “unfortunate” the beheading of an Indian soldier by Pakistani security forces. Asked about the incident at a press conference in Amritsar on Friday, the minister said, “If these reports are true, it is an unfortunate and an outrageous incident. Pakistan must go into the case in depth and find out the persons behind it. Jammu and Kashmir is a sensitive issue and such incidents should be avoided.”

http://www.vancouverdesi.com/news/immigration-minister-jason-kenney-faces-protest-in-sikh-holy-city-of-amritsar/443864/
 

warmest

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Here is that Hindustan Times article.

Canadian minister faces protest from visa applicants

Hindustan Times, Amritsar, January 11, 2013

Expressing their anger against the Canadian government for delaying their visas, a crowd of 40-50 men and women greeted Canadian minister for citizenship, immigration and multiculturalism Jason Kenney with a protest here on Friday.

They claimed that the Canadian government had cheated and mentally harassed them by keeping them waiting for visas and work permits for eight years and then all of a sudden deciding to send back their visa applications.

The protesters, under the banner of the Canadian Backloggers Pre-2008 Association, demanded that instead of returning their applications, the Canadian High Commission in New Delhi should be asked to process their cases. Holding placards, they demanded legitimate entry into Canada and not the processing fee they had deposited with the Canadian consulate general.

The protest was organised outside Jallianwala Bagh as the Canadian minister drove down to pay obeisance at the Golden Temple. Even as the minister's cavalcade headed back to the hotel, the protesters, led by association president Rakesh Kumar Garg, demanded an audience with the minister.

Talking to the media, Garg said that just prior to 2008, the Canadian government had invited skilled workers and a larger number of Indians had applied for the jobs. The Canadian government appointed agents all over the world for collecting applications and processing fee, he said.

"Till date, not a single Indian who had applied under the skilled workers' category has got a Canadian visa. The applicants from India feel that they have been discriminated against by the Canadian immigration authorities because they have been made to wait longer than applicants from any other country. Now the Canadian authorities have all of a sudden decided to return the applications and files of the applicants," claimed Garg, calling the action "inhuman".

Garg said that many of the members of the association had even filed applications in Canadian courts against the government's decision to reject their cases for visa. He said they want their cases to be processed so that they can get legitimate entry into Canada. "If this is not possible, the Canadian government should pay suitable compensation to each and every applicant for disturbing their mental peace," he said.

Majithia also takes up case
Punjab revenue, public relations and NRI (Non-Resident Indians) affairs minister Bikram Singh Majithia also took up the backlog case with Kenney and pointed out that for the past eight years, a large number of applicants had gone through a lot of mental agony. He appealed to the minister to reconsider their cases and take a decision as per the immigration rules of his country.

'Decision taken to streamline visa system'
Kenney, when questioned about the backlog, said, "We have decided to send back all the applications as well as repay the processing and other fee to the applicants. We have now asked for fresh applications. This decision was taken to streamline the entire visa system as the huge backlog of applicants in India and other countries had created a total mess. We were left with no other option but to send back all pending applications. Now we hope everything will move in a smooth manner."

'Beheading of Indian soldier outrageous'
Kenney described as "unfortunate" the beheading of an Indian soldier by Pakistani security forces. Asked about the incident at a press conference here on Friday, the minister said, "If these reports are true, it is an unfortunate and an outrageous incident. Pakistan must go into the case in depth and find out the persons behind it. Jammu and Kashmir is a sensitive issue and such incidents should be avoided."

http://www.hindustantimes.com/Punjab/Amritsar/Canadian-minister-faces-protest-from-visa-applicants/SP-Article1-988387.aspx
 

warmest

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Here is Tim Leahy's recent posting on LinkedIn on this issue of protests in India.

Asute Indians out fox Tsar Jason the Magnificant
Seems that Minister Kenney, in India promoting his wise ways, found himself on the receiving end when jilted FSW litigants briefed reporters who pummeled the Minister with questions about his having abolished the 86,000 files. So taken off guard was the Great Administrator that he promised to revisit the issue in order to blunt the attack. However, as he had Parliament abolish the files, his promise is empty rhetoric and further evidence of the penchant of Tsar Jason the Magnificent never to allow the truth to interfere with his agenda. Here is the report:

Democratic Reforms Minister Tim Uppal concedes and assures to review the Policy:
Jason Kenney has come to India selling his new immigration policy at Amritsar. We were ready to welcome Mr. Jason Kenney near Jalianwala Bagh outside Shri Harminder Sahib with black Flags and a few of our members inside the Golden Temple to confront Kenney when suddenly on his insistence police arrived and tried to push away our members but failed and our members raised slogans against Kenney and his inhumane policies and waved black flags when he came out.

Punjab Minister for NRI (Non-Resident Indians) Affairs Bikram Singh Majithia today called upon Jason Kenney, Canada's Minister for Citizenship, Immigration and Multiculturalism during the latter's visit to the city.

Majithia took up the sensitive issue of people who had applied for the permanent resident immigration, but denied the same by the Canadian Government after years of waiting. Canadian minister promised to look afresh into the case and assured full support on behalf of the Canadian Government.

Then to pre-empt his move we organized a press conference at 11:30 AM and made the press aware of the facts. The press gave us full support and promised to take up our cause with the visiting minister.

We also sent SMSs to... our Minister for NRI Affairs and that worked very good in our favour.

At 2:00 PM we went to Raddisson Hotel and few of us including me sneaked in Jason Kenney's press conference while others waved black flags outside. Mr. Bikramjit Singh Majithia arrived on the scene and talked to our members standing outside with black flags. I was called out to discuss with Honourble Sh. Majithia. Convinced of our logic, he called Kenney in the press conference and asked him to hear us, discuss with us and solve our problem.

Jason Kenney sent Tim Uppal, his personal Secretary, and two other officials to discuss with a delegation of four of our members including me, and we totally caught these people on the wrong foot and exposed their wrong policy and our plight. This forced Tim Uppal to promise to review their policy and get back to us very soon.

Meanwhile, at the press conference, Kenney was left alone to defend himself and answer the press. All the journalist pressed our cause with him and the only questions asked during the conference were about our cases and our plight. All in all the program and the very purpose of Jason Kenney's India visit was lost and defeated.

Immigration is the key to Canada's economy and the failure of its immigration policies will have a very negative effect on it. Moreover these Canadian Govt. Ministers and officials who made a promise to review their policy and get back to us are also answerable to the world community for what they have promised us and as such they will genuinely review their policy before it is too long and take us in confidence while doing so.

It is an achievement of all those members who unitedly protested though the fire has started but there is still a long way to go. Let us hope that these people are gentlemen and will keep their promise.

9 hours ago

http://www.linkedin.com/groups/Asute-Indians-out-fox-Tsar-2932885.S.203848100?qid=9975a35e-aa6d-4545-bdfc-b3aa5daabc68&goback=%2Egmp_2932885
 

warmest

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Backloggers Greet Jason Kenney With Black Flags In Amritsar

VOICE, January 11th, 2013

Immigration Minister Jason Kenney is currently on a visit to India where he has gone to promote the new immigration policies of Canada but on Friday in Amritsar he was shown black flags by the Backloggers Pre-2008 Association.

More than 150 protesters including women were stopped by police from getting close to the visiting Canadian minister Kenney but they managed to show black flags to him near Golden Temple. President of Moga unit of Association Jagmander Singh said in a release that there were more than 3 lakh applications pending with Canadian government .

“About 65000 applications are of Punjabis only who had applied for migration under skilled category” he said adding that Canadian government treats them as mere files forgetting that future of thousands of men, women and children are at stake.

Speaking with the VOICE, President of Canadain Backloggers Association, Rakesh Kumar Garg said, “The Immigration Minister has come to India to sell his new policy of Immigration but his policies cannot be believed and relied upon because of his lack of commitment and attitude of discrimination.”

The applicants from India feel they have been discriminated against by the Canadian immigration authorities because they have been made to wait longest as compared to applicants from other countries world over. First the present Conservative Govt. in the year 2008 pushed them at the back of the queue and now the Government has arbitrarily decided to return their files without processing and without any fault of theirs, they feel.

According to Garg, the applicants are protesting since March 29, 2012 and thousands of emails have been sent by them to the Canadian Prime Minister and the visiting Minister but they have chosen not to reply and address their grievances. They sent him a Memorandum but he has no answer to their questions. They approached the MOS for external affairs, Leader of opposition in Parliament Sushma Swaraj, SGPC President S. Avtar Singh Makkar, Deputy Chief Minister Punjab S. Sukhbir Singh Badal and Minister of NRI Affairs Punjab S. Bikramjit Singh Majithia, who all assured that they will take up the matter with the Canadian Government, said Garg.

“Why should CIC not pay to these applicants the expenses (consultancy charges paid to the immigration consultants, document photocopies, attestations, Language preparations, postage and courier expenses and test and police verifications etc.) incurred on these applications along with interest prevalent in the Indian Markets,” asks Garg.

http://www.voiceonline.com/backloggers-greet-jason-kenney-with-black-flags-in-amritsar/
 

warmest

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Here is some more information on the media coverage of the protests in India.

Canadian minister shown black flags in Amritsar
http://www.ndtv.com/article/cities/canadian-minister-shown-black-flags-in-amritsar-316306

Kenney says record number of visitor visas issued from Chandigarh, Faces protest in Amritsar
http://www.asianjournal.ca/jan%2011_13/ot_head1.html

'Peaceful Khalistan Protests Won't Lead to Deportation'
http://news.outlookindia.com/items.aspx?artid=786698

Majithia discusses immigration issues with Canada’s minister
http://www.tribuneindia.com/2013/20130112/asrtrib.htm#5

Majithia takes up the issue of backloggers
http://www.mediapunjab.com/20130112/English.html
 

warmest

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Here is Tim Leahy's reply to a query from one of his clients on the Amritsar incident where Kenney during his visit to India faced protests from the Indian pre-2008 FSW backloggers:

Dear Tim,
Thanks for the update. Yeah this defeat of so called Tsar was the talk of the town among all the victims n their family members. But do you really think that whatever P.A. Tim Uppal has promised to us he really meant it. I thought it was more of an effort to simply run away from an awkward situation they found themselves in n of course which they never expected.

Do you feel that it's going to have any effect on our 14-16 Jan court hearing? What chances do you see of our win in the court after this incidence?

Would appreciate if you have time enough to give your views. Thanks


Tim's reply:
No, what he said doesn't mean a thing. He had Parliament abolish the files. He would need to have Parliament pass a new law. I can't see him doing so.
 

can88da

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Hi,

I have a couple of questions and if any senior member who has applied in the litigation process can answer then I would be very grateful

1. Can you tell me what would be the outcome of the Jan 14-16 hearing? I mean will the judge give the verdict at that time or will the case proceed forward?

2. Can some one, like myself, be part of the litigation proceed started by David Cohen and other lawyers now or has the time for that passed?

3. Can the judge bypass the new immigration act passed by parliament and rule in favor of the affectees?

4. Can the CIC accept immigration of the affectees in any out of court settlement and go against the immigration act rule which states that March 29 2012 was the last date to have any sort of action on an immigration case?

I don't know if these questions have been answered before on this forum or not so I apologize before hand. :-[

Please advise.
 

warmest

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can88da said:
1. Can you tell me what would be the outcome of the Jan 14-16 hearing? I mean will the judge give the verdict at that time or will the case proceed forward?
It depends upon how the lawyers are going to argue during 14-16 January 2013. If the judge is convinced by the lawyers that the law is unconstitutional, then one can expect the judge to rule that the law is unlawful (meaning, a victory to all of the pre-Feb 2008 FSW applicants).
I don't think the verdict will come out on 16 January 2013. I guess it might be towards the end of this month or may be in the first half of next month (February 2013).
If the judge rules that the law is unlawful and if the judge does not allow for an appeal against his ruling, then that is the end of the case. No more proceeding forward.

can88da said:
2. Can some one, like myself, be part of the litigation proceed started by David Cohen and other lawyers now or has the time for that passed?
As of now, I think, all the lawyers have already closed their groups. But who knows, if you are lucky enough, you might get a chance in the future to join any of the lawyer's groups. In the meantime, get in touch with any of the lawyer of your choice and express your interest in joining their group. No harm trying. Enough wasting time. Act now. No more second thoughts, start immediately.

can88da said:
3. Can the judge bypass the new immigration act passed by parliament and rule in favor of the affectees?
It is not about 'bypass'. We litigants want the judge to rule that the law is unconstitutional. We want the judge to hit straight and rule that the law is unlawful. If the judge does so, then it is a favourable judgement to all of the applicants, whether they are litigants or not.

can88da said:
4. Can the CIC accept immigration of the affectees in any out of court settlement and go against the immigration act rule which states that March 29 2012 was the last date to have any sort of action on an immigration case?
If Jason Kenney wishes so, then it is very much possible. But, I don't think that is probable. Not even 1% chance, according to me.
Jason Kenney is a brave warrior! He will never compromise or accept success/defeat through the backdoor or behind the screen! We all want him to fight it out in the court and thereby want him to accept his defeat in the very court itself. Only that will be a honourable victory for we litigants, after having come through this long with our litigation.
 

shohorat

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warmest said:
It depends upon how the lawyers are going to argue during 14-16 January 2013. If the judge is convinced by the lawyers that the law is unconstitutional, then one can expect the judge to rule that the law is unlawful (meaning, a victory to all of the pre-Feb 2008 FSW applicants).
I don't think the verdict will come out on 16 January 2013. I guess it might be towards the end of this month or may be in the first half of next month (February 2013).
If the judge rules that the law is unlawful and if the judge does not allow for an appeal against his ruling, then that is the end of the case. No more proceeding forward.
As of now, I think, all the lawyers have already closed their groups. But who knows, if you are lucky enough, you might get a chance in the future to join any of the lawyer's groups. In the meantime, get in touch with any of the lawyer of your choice and express your interest in joining their group. No harm trying. Enough wasting time. Act now. No more second thoughts, start immediately.
Very much possible. We litigants want the judge to rule that the law is unconstitutional. It is not about 'bypass'. We want the judge to hit straight and rule that the law is unlawful. If the judge does so, then it is a favourable judgement to all of the applicants whether they are litigants or not.
If Jason Kenney wishes so, then it is very much possible. But, I don't think that is probable. Not even 1% chance, according to me.
Jason Kenney is a brave warrior! He will never compromise or accept success through the backdoor or behind the screen! We all want him to fight it out in the court and thereby want him to accept his defeat in the very court itself. Only that will be a honourable victory for we litigants, after we having come this long with our litigation.

Dear warmest,
As your name sounds u really are the warmest of all!
I really salute u for your courage,confidence and strong will to fight for this noble cause.
Where ever u r sir we adore u.....
Thanks for keeping this forum alive and the spirit too!!!!
Best of luck for u n all of us.....let's wait for a favourable outcome out of this hearing.
 

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Hi warmest,

Thank you for the detailed reply.

I pray that cases of all pre-2008 applicants are approved and that all of them are rewarded for the level of patience they have shown.

I will be looking forward to the result of the hearings.
 

warmest

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Dear Pre-February 2008 FSW Applicants,

I humbly request all of you to individually write a bulk email (by including the email addresses of all the Members of Parliament of Canada in one single email). Canadian Parliament has just about 300 MPs and about 100 Senators. You can get the email addresses of them from the following weblinks.

http://juliatrops.com/2011/02/mpscanadianparliament/
http://butterflystorms.blog.ca/2011/07/05/canadian-mps-email-addresses-web-pages-11431378/
http://openmedia.ca/forum/members-parliament-email-addresses
http://www.parl.gc.ca/MembersOfParliament/MainMPsCompleteList.aspx

In your email, please request the Members of Parliament of Canada to
1. look into the matter of the Pre-February 2008 FSW Backlog and ensure the prompt processing of our FSW applications;
2. ask them to take it up with the Canadian government to see our reason and plight (tell them your sufferings and feelings) and request for a compensation for you (for the loss meted out to you); and
3. see for themselves of how Jason Kenney has maligned the image of Canada worldwide and how the MPs can collectively restore the lost good image of Canada.

In your email, never give an impression that you will be a nuisance to Canada. Please be polite and humble and make a request. Prove to them, through your writing, that you will be an asset to Canada if you are provided with Canadian Permanent Residence. Your email should be in such a way that the MPs would be more than willing to take up your cause and help you.

Be positive and constructive my dear friends.

Thanks a lot in advance.
 

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I hope you know out of the 105 Senators in Canada, 60 belongs to the Conservative Party and out of the 308MPs, the Conservatives control 165 seats. That's 225/413 in the Parliament of Canada belongs to the Conservatives (same party as the Minister and Prime Minister).

In fact, Jason Kenney and Stephen Harper are the MPs of Calgary Southeast and Calgary Southwest districts, meaning that they have known each other for a long time and have a close relationship so the Prime Minister will back all the decisions made by Jason Kenney. Also, since they are the majority and immigration reform is a movement pushed by the Conservative Party, the emails will do very little to change their platform.

Did Tim come up with the email idea? he should know better!