Federal Skilled Worker Class Action Lawsuit

[SP88]

LOL - it never happened!

I read the whole article - not just the last two paragraphs.

Show me anywhere in that article where it said anything about:

- way back in the early 90s
- There was a court case at that time and the litigants won and all the 100,000 were accepted as immigrants without interview

I'm waiting with great anticipation...

Sorry, Tuyen I did not want to disappoint you but it actually did happen. Since your knowledge on the matter is very limited, let me enlighten you. The case in question is Dragaon 2003 and it is available on Federal court website. And since you have nothing else to do in life but draw sadistic pleasure at the plight of dismissed backloggers you can do the search yourself and read the whole case.

All the backloggers were not processed straightaway, but the litigants cases had to be decided on priority and the remaining applicants had the applications processed to a conclusion over the years.

The compensation paid was not to all the applicants but only the litigants. So you can figure out how much each litigant must have got.

Tim was a lead lawyer in that case and so were many of the lawyers who were representing the litigants on Jan 14-16, 2013 hearing at the Honorable Federal Court this time again.

Had a few applicants not litigated in 2002/03 the whole backlog would have been dismissed then. Do you still think it is wrong to litigate against what one considers "wrong"? What if history repeats itself this time again, Tuyen? Even if the litigation fails the litigants will atleast have the satisfaction of trying to undo a grave injustice.

It's not a matter of who will have the last laugh but being compassionate to the lesser fortunate souls. It is just a human virtue.

You have tired your best to discourage the litigants but still not a single soul has taken your advise. Ever thought why?

Since you are a self-appointed champion of Canada's good, you do not seem to notice the bright side of the litigation and it's benefit to Canadian economy. If lawyers are making money, why do you have a problem? They are offering a service for which the charge a fee. The litigants paid CIC and the govt used their money (and will refund it) and now they are paying the Canadian lawyers who pay taxes in Canada.... so again their monies are channelled into Canadian economy. So it is a win-win situation for Canada anyway.

I hope this helps to enrich your knowledge on the matter.

 

[Fate_vs_Faith]

If lawyers are making money, Tuyen why do you have a problem? They are offering a service for which they charge a fee. The litigants paid CIC and the govt used their money.

Well Said.. they are doing their jobs even after taking money not like CIC having taken money from applicants and use that money and destroy their faith due to ONE stupid, idiot and filthy person's decision.

 

[tuyen]

Sorry, Tuyen I did not want to disappoint you but it actually did happen.

<...a lot of blah blah blah deleted...>

I hope this helps to enrich your knowledge on the matter.

Before you try your lame little insults on me, READ what I wrote. :

 

[Aquila]

You have tired your best to discourage the litigants but still not a single soul has taken your advise. Ever thought why?

@ SP88

I am one of the souls who has decided to take tuyen’s advise.

I am not part of the Federal Skilled Worker Class Action Lawsuit. However, I am one of the backloggers.

Apart from my credentials assessment, I have already prepared all my other documents ready for submission come May 2013.

Personally I don’t think it is wise to waste time by delaying to resubmit a new application for FSWP. In 2014 Canada might start introducing the Expression of Interest system. In my opinion, I think EOI might be more difficult than this year’s FSWP.

I also think that this lawsuit will keep on dragging for some more months if not for years. I hope I am wrong.

 

[cljw31]

@ SP88

I am one of the souls who has decided to take tuyen's advise.

I am not part of the Federal Skilled Worker Class Action Lawsuit. However, I am one of the backloggers.

Apart from my credentials assessment, I have already prepared all my other documents ready for submission come May 2013.

Personally I don't think it is wise to waste time by delaying to resubmit a new application for FSWP. In 2014 Canada might start introducing the Expression of Interest system. In my opinion, I think EOI might be more difficult than this year's FSWP.

I also think that this lawsuit will keep on dragging for some more months if not for years. I hope I am wrong.

Me too. I've already prepared all my documents for submissions! When they announce when we can submit them, I'll be ready to go! I'm one of the litigants and I'm already working on back up plans because this lawsuit will go no where according to my close friends in Canada who are MPs and Senators in various Provinces.

 

[sbernados]

Me too. I've already prepared all my documents for submissions! When they announce when we can submit them, I'll be ready to go! I'm one of the litigants and I'm already working on back up plans because this lawsuit will go no where according to my close friends in Canada who are MPs and Senators in various Provinces.

I want to reapply again, but im to hesitant to pay another application fees. Another big amount to be risk.

 

[tuyen]

I want to reapply again, but im to hesitant to pay another application fees. Another big amount to be risk.

Your fees for your first application will be fully refunded, so you can put that whole amount towards the new application. And you're right - it's a risk because there are no guarantees, but you have to decide if the risk versus potential rewards are worth the cost. If I were in your position, I would definitely reapply...especially if you're in a good NOC.

 

[Knight_Crusader]

Every one here has a right to their opinion. We should be grown up enough to discuss and understand what other say.
Over the years,I have in fact learnt a lot from my critics only.

Of course, name calling is stooping to a new low. Pls don't carry this attitude to Canada.

Tyuen is right when he says that this may not work out and the applicants should look at other options including re-applying or other countries, rather than wasting further time waiting.

Applicants are right, waiting for a positive verdict, but how long are they willing to wait further not knowing how CIC will handle the cases if the verdict is in their favour.

Any sensible person would do what Tyuen says, why waste further time. There are many other countries that are open to immigrants !

Justice delayed is justice denied !

 

[ofonzo]

Knight crusader, I totally agree with you that backlog applicants should have a Plan B and getting ready to reapply is the smart thing to do. However, they have the legitimate right to challenge their perceived grievances against CIC in the court of law.
Tuyen on the other hand has been consistent in disparaging these folks, he has tried to discourage these applicants and added insult to injury.He has gone as far as to tell them they don't have any right to do so and even if they do, they can never win because it has never happened. Even when there is precedence.
Tuyen is entitled to his opinions butt I think he should be a bit more mindful of people's feelings and the timeliness of his comments. We can all avoid hurting each other if we are a bit more sensitive to each other's feelings.
The verdict will be out soon and hopefully there will be a determination of people's rights under the Canadian law.

 

[tuyen]

Tuyen on the other hand has been consistent in disparaging these folks, he has tried to discourage these applicants and added insult to injury.He has gone as far as to tell them they don't have any right to do so

Show me just one post where I said they don't have the right to their ridiculous lawsuit. Just one please. I'll save you the time - you can't, because I never said any such thing. What I said - repeatedly - was that this isn't a "human rights" issue, no matter how much some people may cry that it is, and I also said - repeatedly - that emigrating to Canada is not a RIGHT.

As far as having a right to sue, you can go ahead and sue whomever you want. If you have the money to throw away on a lawsuit which has virtually zero chance of giving you what you wanted, then be my guest and sue until you're blue in the face. You have the right to sue, and I have the right to laugh.

and even if they do, they can never win because it has never happened. Even when there is precedence.

Show me just one post where I said "they can never win because it has never happened". I said no such thing. What I said regarding the previous case was that no such case happened in the "early 90s" (as somebody claimed), and the result of that case did NOT end up giving all 105,000 people instant entry into Canada with no questions asked (as was also claimed). So I was absolutely correct when I said "IT NEVER HAPPENED" in reference to this post at the top of your screen.

I gave all kinds of reasons why they can't/won't win on THIS lawsuit, but it had nothing to do with precedent.

Trying to pin your hopes of victory on PRECEDENT is like going to a casino and thinking you're going to win roulette by placing your money on "red", because the previous 5 spins have all landed on red.

 

[Knight_Crusader]

Tuyen, let them be. You have spoken straight and made sense.
If they dont take it the right way, its their loss over the long time as such attitudes dont always help in life.
(I am sure jason kenny is not dumb enough not to have anticipated a similar lawsuit before enforcing the changes)

I am just short of saying, lets all rest in peace, ha ha

 

[noon]

Some want litigation to fail because of political reasons. Some others want it because of personal and selfish reasons. Litigants do not take the advice of those people. They will act to the words from their conscience. Failure of litigation did not guarantee quick processing of post 2008 files. If you look at the trend ,the minister is using his powers to reject applications after taking processing fees and thenafter introducing new MIs promising another speedy processing. People are applying in every possible MIs paying multiple fees that is non-refundable.

 

[Knight_Crusader]

Some want litigation to fail because of political reasons. Some others want it because of personal and selfish reasons. Litigants do not take the advice of those people. They will act to the words from their conscience. Failure of litigation did not guarantee quick processing of post 2008 files. If you look at the trend ,the minister is using his powers to reject applications after taking processing fees and thenafter introducing new MIs promising another speedy processing. People are applying in every possible MIs paying multiple fees that is non-refundable.

hi Noon, do you have any data on how many pre-2008's have applied in MIs, thus paying fees multiple times. I have hardly read about 2-3 of them on this forum ! if they did, they would be in Canada and not part of any litigation !

 

[tuyen]

Some want litigation to fail because of political reasons. Some others want it because of personal and selfish reasons.

You forgot a third group: those who want it to fail for common sense reasons that are in the best interests of Canada AND in the best interests of the immigrants.

Litigants do not take the advice of those people.

Well of course LITIGANTS won't take that advice, because a litigant has already paid money to their lawyer to be involved in the lawsuit. But as you've already seen from a number of people, some ARE willing to listen to common sense and they're willing to do the intelligent thing by forgetting about the lawsuit, and they're putting their efforts into applying under the new rules which, I predict, will get them into Canada MUCH faster than anybody who is waiting for this lawsuit to get results for them.

Time will tell who was right and who was wrong.

 

[topchi]

Your fees for your first application will be fully refunded, so you can put that whole amount towards the new application. And you're right - it's a risk because there are no guarantees, but you have to decide if the risk versus potential rewards are worth the cost. If I were in your position, I would definitely reapply...especially if you're in a good NOC.

Dear Tuyen

Long before you emerged on this thread I had suggested the following to the esteemed readers (Page 15 ...of 03 Oct 2012)

"..just be proactive and gear up for the changes and seriously consider filing a fresh application in Jan 2013.. One cannot be sure of the outcome of the court cases as also of the approach by the Conservative Govt, which is hell bent on eliminating the backlog.

I would advise all such affected persons to seriously consider filing a fresh application in Jan 2013"

However, what you must realise and understand is that not all applicants would qualify to reapply...some applicants would be on the wrong side as far as age is concerned, and some would be having their children disqualified since they are no more dependent on them ....these people do not have the luxury to reapply..

The only way out for such affected applicants is litigation. ..and there is a precedent that litigants who have challenged the CIC have had a positive verdict in their favour.

Some of the present lot of applicants have expressed their faith in the Canadian Judiciary..and expect an encore ...Dont grudge them this optimism please.

Are you not surprised at the reactions you get on your posts...Take some time off and ponder over it....and lest you attribute motives...NO I am not taking away your freedom to "Free Speech"