Federal Skilled Worker Class Action Lawsuit

[Knight_Crusader]

And don't forget - Canada already has its very own Royal Family of terrorism - The Khadrs.

bugger...

 

[hopeful4]

Can anyone please post any news about the hearing of 14th -15th if you have any?

And please cut all the crap and nonsense you are writing ,,I stopped to interact so often here when I saw that even the most reasonable members in this thread are dragged over and over to the same pointless issues . I would certainly stop to interact all together if only there was another source of info on the net about our lawsuit.

 

[Johnny31]

Can anyone please post any news about the hearing of 14th -15th if you have any?

And please cut all the crap and nonsense you are writing ,,I stopped to interact so often here when I saw that even the most reasonable members in this thread are dragged over and over to the same pointless issues . I would certainly stop to interact all together if only there was another source of info on the net about our lawsuit.

Hey,

Which lawyer's group did you join? I reading some local news and it says the 4 lawyers arguing the case from Jan 14-16 are Lorne Waldman, Michael Jeffery, Mario Bellissimo, and Lawrence Wong.

 

[hopefulever]

Day one in the class action proceeding has concluded. The Honourable Mr. Justice Rennie heard arguments from 9:30 a.m. to 4:00 p.m. Mr. Bellissimo made extensive submissions for over two hours asking the Court to strike the law on constitutional grounds as having no force and effect. Applicant’s arguments will end by 12:00 p.m. tomorrow at which time the Department of Justice will present its responding arguments. We will keep you posted.

 

[cljw31]

Day one in the class action proceeding has concluded. The Honourable Mr. Justice Rennie heard arguments from 9:30 a.m. to 4:00 p.m. Mr. Bellissimo made extensive submissions for over two hours asking the Court to strike the law on constitutional grounds as having no force and effect. Applicant's arguments will end by 12:00 p.m. tomorrow at which time the Department of Justice will present its responding arguments. We will keep you posted.

Thanks for the effort but you really gave us nothing...

Day one in the class action proceeding has concluded.

Of course it's over because it's Day Two now

The Honourable Mr. Justice Rennie heard arguments from 9:30 a.m. to 4:00 p.m.

That is the normal working hours, they had a lunch break in between as well possibly between noon and 1pm

Mr. Bellissimo made extensive submissions for over two hours asking the Court to strike the law on constitutional grounds as having no force and effect.

Well, we all know what he wants to argue about for us

Applicant's arguments will end by 12:00 p.m. tomorrow at which time the Department of Justice will present its responding arguments.

That's the procedure with all other cases as well

And yes, i'm part of this class action lawsuit as well. just because i have doubts doesn't mean i didn't wait for 5 yrs and i'm not part of this case.

Sry If I came off rude but i'm just anxious about it....But I'm planning on re-applying this year! others should try it as well

 

[jevan]

Day one in the class action proceeding has concluded. The Honourable Mr. Justice Rennie heard arguments from 9:30 a.m. to 4:00 p.m. Mr. Bellissimo made extensive submissions for over two hours asking the Court to strike the law on constitutional grounds as having no force and effect. Applicant's arguments will end by 12:00 p.m. tomorrow at which time the Department of Justice will present its responding arguments. We will keep you posted.

thanks brother for this update.

 

[sashali78]

I'm male, yes, but you don't have to call me "Mr. Tuyen". It's not my real name, and I'm not at all offended if you call me "Tuyen" or "hey you", or whatever else you prefer.


I justify it the same way that CIC justifies it: circumstances have changed, and in order to improve the situation, something needed to be done to clear the backlog and to streamline the process for the future.

The fundamental mistake that most people who are part of this lawsuit seem to be making is they're under the very erroneous impression that there's a LAW which requires CIC to process every application it receives from start to finish, and this is simply not true. There's no written law in Canadian immigration which states that every application MUST and WILL be processed, no matter what. This is nothing but wishful thinking and/or ignorance on the part of many who are taking part in this lawsuit. The POLICY of CIC is to process all applications it receives - but that policy can change at any time. CIC determines how many applications it wants to process during any given year, and from which countries. They also determine when to make changes to their policies. And there's a world of difference between a policy and a law. It's really that simple.


As I said, there was no contract - written or verbal - which said that CIC will process - under any and all circumstances, no matter what - all applications that it receives. And the fact that CIC has already refunded (or will soon refund) the cost of those applications means that they're not legally liable for any damages, despite what some lawyers may be telling you. If they're unable (or unwilling) to process your application, AND they've fully refunded you the money you paid, then you've been made whole again, and in the eyes of the law, you're both leaving the same way you arrived.


A contract can be broken so long as the party who paid for products or services has been made whole again by way of compensation. And when CIC said they would give full refunds, they've fulfilled that obligation.


If the person acquired Permanent Resident status while working in Canada, that's great. If not, then Canada has the authority (as a sovereign country) to require that person to leave at any time. Being in Canada (either as a visitor or a worker) doesn't automatically grant a person the right to stay in the country permanently.


I can't speak on behalf of how Mr. Kenney thinks, but I would imagine his thought processes are fairly similar to my own in that Canada has the right to set its own immigration policies, and is able to change those policies at any time when it becomes necessary or beneficial to Canada. Submitting an immigration application is not a guarantee of anything.

You are wrong on both issues:
1. You are wrong by stating that by refunding my fees CIC has paid its debt for few simple reasons:
a. The fees were paid many years ago but are going to be refunded without any interest. Any private, public or government body recognizes they need to pay interest, except CIC of course.
b. In the contrast to new applications, the pre-2008 applications were made in simplified process - i.e. there was no need to submit any supporting documents except the application forms. On a later stage, when CIC was ready to process the application it requests the applicants to submit the supporting documents. Once CIC decided to move on with the application and already requested to submit additional documents, such as IELTS, translations, medical checks, PCC, etc, but later decided to slash the file without further processing , it is CIC liability to refund the applicants also the costs of obtaining the additional documents they have requested.
c. A contract can be broken, that's right, but the breaking party is liable to the damage caused by its breaking the contract. And I do hope that the court will find CIC liable. I am not part of this litigation as I do not believe something will come out of it. Not because the cause is not justified but because I don't believe the CoJ have the power and will to oblige CIC do anything at all.
2. For the theoretical case I brought earlier, I am giving an example of an applicant who is up to CIC standards by old and new rules. Who is also eligible to apply on different classes of immigration even now. BUT, due to the ministerial decision, old case is closed without processing, and the applicant has no other choice but reapply and wait again. Now, who is going to benefit from it? The applicant who has to go over the procedures and costly process again remaining in the vulnerable position of foreign worker? Or perhaps CIC who needs to do still X work on old case + full new work on the new case for the same amount of application fees?

I can tell you one thing. If a similar case would be happening to those applying for citizenship, rest assured the issue would be raised to much higher levels of public discussion and CIC with his head would be punished, administratively and electorally.

 

[Johnny31]

And yes, i'm part of this class action lawsuit as well. just because i have doubts doesn't mean i didn't wait for 5 yrs and i'm not part of this case.

Sry If I came off rude but i'm just anxious about it....But I'm planning on re-applying this year! others should try it as well

Hope the re-applying goes well, good luck!

 

[Beb]

Have you ever asked yourself: "if Allah was so interested in my emigration, why didn't he just intervene and prevent the whole backlogger fiasco from happening in the first place?"

I am new to this forum and I am a pre feb 2008 applicants like a number of you on this forum. My main interest in reading the different posts is just to keep track of the lawsuit.However I can see that one Tuyen is misutilising this platform just to be rude to others.if I may simply request others to just ignore his various posts and to stop giving any attention to him. Let us all focus on the outcome of the court case. There is a famous French saying which says "le mepris tue". Let us all adopt this position!!!

Mind you Mr Tuyen whatever will be your reply to this present post I will simply ignore it.

 

[duiusa]

It's Immgration Blog not Terrorist thing.....so calm down guys

 

[tuyen]

You are wrong on both issues:

No, I'm not, and the outcome of the court case will demonstrate that.

1. You are wrong by stating that by refunding my fees CIC has paid its debt for few simple reasons:
a. The fees were paid many years ago but are going to be refunded without any interest. Any private, public or government body recognizes they need to pay interest, except CIC of course.

Oh my god...please stop with the ridiculous "interest" nonsense. CIC is not a bank. If you want interest, go put your money into a bank.

And if they DID agree to refund your fees PLUS interest, would that make you feel completely okay with the fact that your application will not be processed? It's a completely ridiculous argument to bring "interest" into this, because you and I both know that the extra $30 or $40 would do nothing to silence the "human rights" claims from those truly special people.

b. In the contrast to new applications, the pre-2008 applications were made in simplified process - i.e. there was no need to submit any supporting documents except the application forms. On a later stage, when CIC was ready to process the application it requests the applicants to submit the supporting documents. Once CIC decided to move on with the application and already requested to submit additional documents, such as IELTS, translations, medical checks, PCC, etc, but later decided to slash the file without further processing , it is CIC liability to refund the applicants also the costs of obtaining the additional documents they have requested.

Any and all costs of immigration applications and subsequent tests, documents, etc etc are all the responsibility of the applicant. If you applied to any other country, they too would expect YOU to pay for those things, and they wouldn't refund your money in the event of your application being rejected or thrown out.

c. A contract can be broken, that's right, but the breaking party is liable to the damage caused by its breaking the contract. And I do hope that the court will find CIC liable.

The breaking party already agreed to refund the cost of the applications even without a court ordering them to do so. It was the right thing to do, and anything beyond the application fee will be deemed a known and accepted risk by the applicant, and will not be refunded. Even IF those applications would've been processed, there's absolutely zero guarantee of a visa approval. So what's next? Are people going to start suing CIC to refund their IELTS costs and medical exam costs and all the other costs when their applications are rejected? :

BUT, due to the ministerial decision, old case is closed without processing, and the applicant has no other choice but reapply and wait again. Now, who is going to benefit from it? The applicant who has to go over the procedures and costly process again remaining in the vulnerable position of foreign worker? Or perhaps CIC who needs to do still X work on old case + full new work on the new case for the same amount of application fees?

It will always be the applicant who benefits, for the very simple reason that APPLICATION = POSSIBLE ROUTE TO CANADA.

I can tell you one thing. If a similar case would be happening to those applying for citizenship, rest assured the issue would be raised to much higher levels of public discussion and CIC with his head would be punished, administratively and electorally.

That's an invalid comparison.

Applying for citizenship means you've already been accepted into Canada, AND you've spent the required amount of years already INSIDE the country, AND you've met all the required terms and conditions, which means the only thing that could stand in the way of your citizenship would be if you committed a serious criminal offense that would warrant deportation.

On the other hand, applying for ENTRY into Canada is a completely different matter and comes with absolutely no guarantees, and your application can be rejected for a million different reasons, including a very simple "We changed our minds and don't need new immigrants at the present time".

 

[rafiqjp]

In this forum people are sharing information, their feelings and interested in Court hearing and its result.
Few people who are probably jobless and have unlimited time as well as some sort of crack, are trying to damage the spirit of this forum.
To those type of people, please stop giving advice or opinion without being requested.

 

[warmest]

News Release — Canada to Welcome 5,000 Refugees Now in Turkey

Ankara, Turkey, January 15, 2013 — Canada will resettle up to 5,000 refugees now in Turkey by 2018, Citizenship, Immigration and Multiculturalism Minister Jason Kenney announced today during his visit to Turkey.

"“With escalating violence in the region, more people are seeking protection in Turkey, and our commitment to resettle 5,000 mostly Iraqi and Iranian refugees in Canada will help Turkey deal with this growing pressure,”" said Minister Kenney. "“We recognize that sheltering such an immense refugee population creates pressures on domestic resources and we commend the Government of Turkey for keeping her borders open to those fleeing the ongoing conflict in the region.”"

Canada’s acceptance of Iranian and Iraqi refugees will help ease the overall burden on Turkey, freeing up resources for the current influx of Syrian persons seeking protection in the country. Canada will continue to work with the United Nations High Commissioner for Refugees (UNHCR) to help the UNHCR address the needs of refugees and other vulnerable persons in Turkey.

Canada is one of only a few countries to operate a resettlement program out of Turkey, and only the United States takes more refugees. The majority of these refugees will be referred by the UNHCR for resettlement to Canada.

"“Canada has long been a place of refuge for those fleeing persecution, and we are proud to continue this tradition today,”" said Minister Kenney. "“To date, some 12,000 Iraqi refugees have been resettled in Canada, mostly out of Syria. Canada remains committed to its 2009 and 2010 pledges to resettle up to 20,000 Iraqi refugees in need of protection. Today’s commitment will help bring us closer to that goal and will also mark the first time we make a specific multi-year commitment to resettling refugees out of Turkey.”"

Canada already has one of the most generous resettlement programs in the world and welcomes one in 10 refugees resettled worldwide through its programs. In addition, the government is working to increase the total number of refugees and other individuals in vulnerable circumstances that this country resettles each year by 20 percent, as part of its commitment to Canada’s humanitarian tradition.

After three years of increases, as of this year Canada aims to resettle up to 14,500 refugees and other individuals in vulnerable circumstances.

http://www.cic.gc.ca/english/department/media/releases/2013/2013-01-15.asp?utm_source=media-centre-email&utm_medium=email-eng&utm_campaign=generic

 

[warmest]

News Release — Minister Kenney concludes successful visit to India

Ankara, Turkey, January 14, 2013 —Citizenship, Immigration and Multiculturalism Minister Jason Kenney has completed a productive visit to India, part of a three-country trip that also includes Sri Lanka and Turkey. Minister Kenney’s six-day visit to India saw him travel through five of the country’s regions.

“"This official visit to India was a great opportunity to promote Canada internationally,"” Minister Kenney stated. “"Our two Commonwealth democracies share a deep and growing bond as many Indians come to visit friends and relatives or study in Canada, while others come to Canada to start new lives, through our new fast and flexible immigration programs."”

Minister Kenney first traveled to Cochin, Kerala, to attend the Pravasi Bharatiya Divas (PBDs), a large gathering of India’s overseas diaspora at which he spoke on Canada’s model of pluralism, and the success of the more than one million Canadians of Indian origin. He was joined by Member of Parliament Joe Daniel and Senator Asha Seth.

During his time in Cochin, Minister Kenney met with Shri Vayalar Ravi, India’s Minister of Overseas Indian Affairs, who he encouraged to move forward with legislation to regulate the conduct of immigration agents and recruiters to better protect from exploitation Indians seeking to visit or immigrate to Canada.

He also met with External Affairs Minister Shri Salman Khurshid and Minister of State for External Affairs Preneet Kaur, to discuss matters of mutual interest as Canada and India continue to strengthen human and commercial ties. He spoke with Kerala Chief Minister Oomen Chandy about the contribution of Canada’s growing Malayali community, and commercial opportunities between Canada and the state. Minister Kenney also met with His Eminence George Cardinal Alencherry, together with some 40 Bishops of the Syro-Malabar Church on historic Mount St. Thomas to discuss the state of minority communities in India’s diverse society.

Minister Kenney then became the first Canadian Minister ever to make an official visit to the State of Goa, when he met with Chief Minister Shri Manohar Parrikar regarding the success of Canada’s large Goan community, and commercial opportunities such as Canadian energy exports. He also met with Archbishop Most Rev. Filipe Neri Ferrão, Archbishop of Goa and Daman.

The Minister continued on to Delhi, where he met with Indian Home Affairs Minister Shri Sushil Kumar Sambhajirao Shinde to discuss joint efforts to combat immigration fraud. He also met with leading Indian business and political leaders at a reception to discuss growing opportunities for bilateral trade and investment.

Minister Kenney met with officials at Canada’s High Commission in New Delhi, Citizenship and Immigration Canada’s (CIC) largest overseas office, to review operations and thank staff for processing record numbers of visas for Indian nationals visiting Canada.

While in New Delhi, the Minister presented flowers at the historic Shri Lakshmi Narayan Temple in memory of a victim of a recent brutal gang rape.

Minister Kenney then traveled to Amritsar, Punjab, where he announced that in 2012, CIC’s Chandigarh office issued a record number of Temporary Resident Visas to Punjabi visitors to Canada in 2012, 17,608, nearly three times the number issued in 2005. This is thanks in part to greater cooperation with Punjab State officials in combating illicit activities by unethical immigration agents. He also met with Punjab State Minister Bikram Majithia to discuss efforts to combat immigration fraud, and implementation of Punjab's new Anti-Human Smuggling Act.

While in Amritsar, Minister Kenney visited the Harmandir Sahib, Sikhism’s Golden Temple, where he was accompanied by Minister of State Tim Uppal and Member of Parliament Parm Gill. “I was deeply honoured to visit the Golden Temple for a second time, and to witness the quiet beauty of this place of prayer and devotion that is the spiritual home of hundreds of thousands of Canadian Sikhs,” Minister Kenney said.

Other holy sites the Minister visited while in India included the Paradesi Synagogue in Cochin, the oldest active synagogue in the Commonwealth; the Basilica of Bom Jesus in Old Goa, which holds the relics of St. Francis Xavier; and the BAPS Swaminarayan Akshardham Mahdhir Temple in Gandhinagar, Gujarat. “All of these sacred places reminded me of the stunning diversity of India, and that it is a land of great faith.”

The Minister completed his visit in Gandhinagar, Gujarat to attend the Vibrant Gujarat 2013 Summit, where he was joined by Members of Parliament Patrick Brown and Devinder Shory. Minister Kenney gave the keynote address at the inaugural Canada-Gujarat Business and Trade Opportunities seminar, promoting investment in Canada, and spoke at the closing plenary of the conference attended by more than 50,000 delegates from 120 countries saying that “just as Gujarat has the strongest economy in India, Canada has the strongest economy in the G-7. Working together, the potential to support each other’s prosperity is boundless.”

Minister Kenney met with Gujarat Chief Minister Narendra Modi, who expressed appreciation for Canada having the largest overseas delegation at Vibrant Gujarat, and expressed keen interest in the prospect of importing Canadian energy products and other commodities.

“"Prime Minister Harper’s historic six-day visit to India last November underscored the enormous progress that we have made in Canada-India relations. The finalization of the Canada-India Nuclear Cooperation Agreement and Social Security Agreement, the progress being made on the Comprehensive Economic Partnership Agreement and Foreign Investment Protection and Promotion Agreement, Canada's expanded diplomatic and trade promotion presence all help to explain 23% growth in bilateral trade in just one year",” said Minister Kenney. “"I was pleased to contribute to this momentum, particularly through the human and cultural bridge between Canada and India made possible through CIC's visitor and immigration programs."”

http://www.cic.gc.ca/english/department/media/releases/2013/2013-01-14a.asp?utm_source=media-centre-email&utm_medium=email-eng&utm_campaign=generic

 

[CanadaSet]

Update on the hearing...

http://www.bellissimolawgroup.com/arguments-in-class-proceedings-begins-january-14th-930-a-m-est

January 15, 2013

Day one in the class action proceeding has concluded. The Honourable Mr. Justice Rennie heard arguments from 9:30 a.m. to 4:00 p.m. I made extensive submissions for over two hours asking the Court to strike the law on constitutional grounds as having no force and effect. Applicant’s arguments will end by 12:00 p.m. tomorrow at which time the Department of Justice will present its responding arguments. We will keep you posted.

Mario D. Bellissimo