Federal Skilled Worker Class Action Lawsuit

[annel]

Dear Annel,

Before reading your message I had a thinking that litigants applications status changed from DM to Blank. Because I am not a litigant and filed application in December 2006. My status remained on DM. I could not understand what does it mean? :

Dear Sabiha, DM is for all the PRE FEB 2008 cases that has been cancelled and had no positive results. I also thought that the BLANK is for the litigants, however mine hasn't changed. Maybe tomorrow. Why are you not a litigant, did you only come to hear of the situations too late?

 

[cljw31]

In the first attempt they deleted your file by law, the second attempt they'll say your passport is not valid. You'll have to apply and wait all over again. ............ Happy applying CIC just loves it.

Actually, I think my chances are quite good this time around because I also have recommendation letters from 11 MPs and 1 Senator, all from the Conservative Party writing in favor of my case. If this doesn't work, I will apply under Business Immigration and I will be in Canada for sure. Thanks for showing your concerns.

 

[wounderful]

Till now no updates from any lawyer, except Mr. Mario Bellissimo. Just waiting for his another updates soon for second day of the hearing.

 

[jevan]

Till now no updates from any lawyer, except Mr. Mario Bellissimo. Just waiting for his another updates soon for second day of the hearing.

heart beat at 240m/h ???.

 

[bishista1]

Mr Tuyen,

From your posts on this forum, its clear that you are waiting to rub your hands in glee at the outcome of the case. You have said enough about the futility of it all. Dont you think its time you just SHUT UP.

Those who feel that they have been unfairly treated have a right to resort to legal options, even if its eventually fails them. While you espouse 'Free Speech', your posts does not demonstrate that you practice the same..Accept the fact that other people also have this Right, and its not exclusively your privilege.

It is creditable that you have taken on the responsibility of discouraging one and all against wasting their hard earned money. You also deserve all the accolades for educating the forum members with your wisdom, and un solicited advice. But sadly.... Its repetitive and does not add value.

You seem to be under the false impression that you need to respond to each and every post ...each and every sentence in them...While the CIC may give you brownie points for them, they are actually irritants.

Fine...we agree that CIC does not have to take our permission to make changes to its policies...that they have done no wrong by pressing the delete button on the pending applicants......that they do not owe us any interest for the application money ...that the people who are resorting to litigation have been fooled by the lawyers....and that they are delusional...But wont you just let them be....let them make their own decisions even if its faulty.

At some places you say that you don't have a crystal ball to tell about the future...but all your posts belie this ....you have already forecasted some fancy Human Rights voilations suit. Whoever you are, you are an immigrant yourself....What if someday, some learned Minister, in the interest of Canada, comes up with another proposal to send back all your kind to their respective countries.......a bill that says that all immigration was against what the country needed.....and all immigrants who call themselves Canadians now....be done away with.
+1




Don't you think that it would be so productive for the country that adopted you, if you channelised your time and energy to be of some value to them.....rather than rant on this forum......You know that people here are whiners...and losers...

I am sanguine that you would surely respond to this post......and attempt to tear it into shreds .....as is ur wont...

 

[hopefulever]

We concluded our legal arguments by 12:30 p.m. on day two. The Department of Justice began their submissions after the lunch break and defend the changes as in the best interests of a better, more flexible just in time immigration system. Constitutional arguments in defence of section 15 and 7, amongst others, began and will conclude on day three.

 

[sashali78]

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

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.


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.


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? :


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


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".

What I read from your answers it is that you either fail to understand common logic or just blindly repost your previous replies/opinions without reference to what was said...
1. CIC is not a bank and no one deposited money there to receive interest. However, once service for which the money were paid was denied, and the money was used by CIC for a given period it is CIC duty to refund the interest as well. If you can argue this - go argue also with CRA and other government agencies who do pay interest once refunding payments, inside and outside Canada.
2. If you would read carefully, you would notice that the pre-2008 application process was called SIMPLIFIED for the reason you did NOT have to provide any supporting documentation until CIC was READY to process your file and SPECIFICALLY REQUESTED you to do so. That's the risks and contract each applicant considered when applying for PR through SIMPLIFIED process at that time. So, for all the cases which were denied processing and were NOT requested to submit any documentation - that's fine and there could be no claims for IELTS,MR or other expenses. However, for cases were CIC was ready to PROCESS and SPECIFICALLY REQUESTED the documents it is CIC liability to PROCESS (not to grant PR, but process the application!) the file or refund ALL associated costs.
3. Refunding my fees and associated costs with interest, as well sending me back all my documents would make ME feel OK with CIC decision. I cannot speak for anyone else though. The current situation is a simple case of robbery and as I mentioned, although I didn't join the current litigation for the aforementioned reasons I will join the one for compensation when and once initiated.
4. I do agree with you about Citizenship vs PR applications differences.

 

[obib]

Hello people.2 of my friends and I are affected by this pre-Feb 2008 issue then suddenly last week we all got a notification from CIC that a decision has been reached on our cases and that our individual Immigration post will contact us shortly.It is shocking to us that the message came at the same time even though we lodged our application at different period before February 2008.We are wondering if this notice implies that they've finalized decision to cancelled our application and the Immigration post will now communicate this to us.....is there anyone out there with same message.I applied in July 2007 and the other 2 did in August 2007 and January 2008.

 

[waffek]

Dear Tuyen

Dont get bitter,forgive them, for they know not what they do...

You are right,but do spare a thought , you aint trying to get out of a hellhole unlike us rest here...

if you were to walk a mile...

If I could be you and you could be me for just one hour
If we could find a way to get inside each other's minds
If you could see you, through my eyes, instead of your ego
I believe you'd be, surprised to see, that you'd been blind, just like me

 

[jevan]

We concluded our legal arguments by 12:30 p.m. on day two. The Department of Justice began their submissions after the lunch break and defend the changes as in the best interests of a better, more flexible just in time immigration system. Constitutional arguments in defence of section 15 and 7, amongst others, began and will conclude on day three.

thanx brother for providing update.

 

[thephilanthropist]

Dear All,
After the exhaustive research conducted past few days regarding "In Process" and "Decision Made" status we have came to the conclusion and I hope that it makes now clear what the verdict will be in Jan,14 - Jan,16 2013 hearing.

Our base to reach the conclusion was the verdict delivered by Hon. Justice D. J. Rennie on 14 Jun,2012 in Liang V/s MCI case.
Please refer to the link for the decision : http://decisions.fct-cf.gc.ca/en/2012/2012fc758/2012fc758.html

A million dollar question "why certain cases are kept in process" ? and answer to this is as follow
Refer to the link above
Hon. Judge clearly stated in the answer to the question "Was there unreasonable delay ?" that delay can be accounted for three reasons
I quote from the judgement
" (1) the delay in question has been longer than the nature of the process required, prima facie;
(2) the applicant and his counsel are not responsible for the delay; and
(3) the authority responsible for the delay has not provided satisfactory justification."

All three points are satisfied in the delay.
Secondly, Hon. Judge has given clear indication that MI's should not effect the processing of the Pre C-50 application. Further Hon. Judge said that Minister's argument cannot succeed as it does not apply to Pre Feb 2008 applicant. Hence minister cannot rely on the 87.3 (Bill C-50) to justify the delay. Judge clearly said that "in respect of the pre-C50 applications, the Ministerial Instructions cannot constitute a satisfactory justification for delay."

Thirdly, I quote from decision " However, section 87.3 does not eliminate the Minister’s duty to process applications in a reasonably timely manner, at least those applications that are accepted for processing. There is no language in section 87.3 or any other amendment to the Act that extinguishes the longstanding, well-accepted duty to process applications in a reasonable time frame. The Minister can set instructions that permit him to return some applications without processing them at all, and thus obviously there is no further duty in respect of those applications. However, for those that are determined eligible for processing, the duty to do so in a reasonably timely manner remains, absent clear legislative language extinguishing that duty"

Now conclusion
a) Those application that have elapsed the avg. time required to process 80% is kept in process (Eg. New Delhi VO 97 months so an applicant waiting for more than 97 months are kept in process)
b) Those application that are determined eligible for the processing i.e. PSDEC positive and total point calculation by case analyst greater than 67 are kept in process

First, As Hon. Judge has already delivered the verdict in Liang case that minister has to perform the duty in reasonable time frame and application of Pre C-50 should not be effected by bill C-50. So Hon. Judge will not contradict his own decision.
Second, those having greater time than avg. processing time is kept in process.

If we speculate the judgement of Jan 2013 hearing I believe that Hon. D.J. Rennie will deliver verdict something like this
To process applications kept in abeyance without any reason than avg. time required. (For eg. New Delhi applicant waiting for more than 97 months MIGHT be processed. Further, to process the application determined eligible for processing. i.e. PSDEC positive and total points greater than 67.

Most of the applications having positive PSDEC and kept in abeyance for more than avg. period required for processing are kept in process and that MIGHT be processed.

Disclaimer: All views are personal and further comments are welcomed

 

[sbernados]

Dear Sabiha, DM is for all the PRE FEB 2008 cases that has been cancelled and had no positive results. I also thought that the BLANK is for the litigants, however mine hasn't changed. Maybe tomorrow. Why are you not a litigant, did you only come to hear of the situations too late?

I havent seen mine in DM status, it directly goes from "in process" to blank.

 

[ravi12]

Hey can u please tell ur time line

 

[ravi12]

Hey philan,

I guess u r perfectly right, but how did you do so much research is the question.

 

[PMM]

Hi

Hello people.2 of my friends and I are affected by this pre-Feb 2008 issue then suddenly last week we all got a notification from CIC that a decision has been reached on our cases and that our individual Immigration post will contact us shortly.It is shocking to us that the message came at the same time even though we lodged our application at different period before February 2008.We are wondering if this notice implies that they've finalized decision to cancelled our application and the Immigration post will now communicate this to us.....is there anyone out there with same message.I applied in July 2007 and the other 2 did in August 2007 and January 2008.

It doesn't matter what the date of the application if it was prior to Feb/08. No Selection decision, application returned and fees refunded.