Federal Skilled Worker Class Action Lawsuit

[hopefulever]

About the recent panic of "decision made"

Since Bill C38 is a law now, and as long as it isn't declared by the Court that it is unlawful, CIC has the absolute right to do 87.4 demands them to.
But you should all remember in September 18's federal court, CIC promised all parties that they won't destroy physical files for 2 years, it is this reason that Justice Barnes didn't grant the injunction. And Justice Barnes specifically told all lawyers, if CIC wouldn't keep its promise and destroyed files within 2 years, the lawyers could apply for an injunction again.

It is really unneccesary to panic about this online status changes. I myself never looked up my status on line.

Recently there are good news coming out from Tim's first group. the dozens
backloggers from Beijing embassy who belong to the unclosed by 87.4 group, have got their visas.
BUT IN INDIA NO CLIENT OF TIM HAS GOT VISA TILL NOW.

 

[tuyen]

What is the title of this forum? Federal Skilled Worker Class Action Lawsuit
Mr. tuyen, you are business man, successful man, in Canada, all may be right.
These are the people who applied for Canada immigration and they are sharing information and feelings among them.
I would like to ask you gently what is your interest here?

My interest is the betterment and future of Canada. Flooding the country with more than a quarter million immigrants at a time when the economy is barely able to stay afloat is a recipe for disaster.

THAT'S my interest here.

 

[noon]

BUT IN INDIA NO CLIENT OF TIM HAS GOT VISA TILL NOW.

 

[tuyen]

Recently there are good news coming out from Tim's first group. the dozens
backloggers from Beijing embassy who belong to the unclosed by 87.4 group, have got their visas.[/color]
BUT IN INDIA NO CLIENT OF TIM HAS GOT VISA TILL NOW.

You shouldn't read too much into that because there could be a hundred different reasons for it.

For example, what was the total number of Tim's clients from China, and what was the total number of clients from India? Without knowing the numbers, it's impossible to make any kind of comparison.

Also, from those dozens who got their visas approved in China, what were their NOCs? If they were all very similar to the NOCs from the Indian groups, then there might be some reason to be concerned. But if the NOCs were very different, then that could easily explain why the Chinese group got approved. Again, without knowing the details, it's impossible to make any kind of comparison.

 

[warmest]

Fairness lost in immigration reform
Never before have sweeping changes to policies been undertaken with so little public debate or consultation

By Antje Ellermann, Vancouver Sun, January 24, 2013 2:04 AM

Last week, the Federal Court of Canada was asked to strike down legislation that terminated the applications of 280,000 foreign skilled workers and their families for being in breach of the Charter of Rights and the rule of law. The government's 2008 decision to eliminate its vast visa processing backlog for the Federal Skilled Worker program by simply legislating away the files of thousands of individuals who had been waiting in good faith for years stands in stark contrast to an immigration system that had long been internationally recognized for its procedural transparency and fairness.

How can we account for the Harper government's drastic departure from the well-established principle of non-arbitrariness in immigrant admissions?

These legislative changes were not the result of thoughtful legislative deliberation, far from it. Rather, reflecting a broader pattern of tightly controlled decision-making, the Harper government had strategically buried this major policy change in the last budget bill. Given that budget bills are typically several hundred pages in length and deal with a vast array of issues, this move ensured there would be little debate on the merits of the proposed policy change.

This particular instance of sweeping immigration reform is unique neither in terms of its controversial substance nor in its lack of meaningful democratic engagement. In fact, the changes to immigration policy enacted over the past four years have been unprecedented not only in their pace and scope, but also in their blatant disregard for long-standing democratic processes.

In the past, major immigration reform has typically been the result of parliamentary deliberation. Reforms were passed after an extended process of comprehensive consultation with major societal groups and experts, committee hearings, and parliamentary debate. Often, major legislative reform was preceded by a "green paper" that outlined the government's vision for reform and detailed the empirical evidence on which the proposed changes were based.

Few of these markers of what constitutes meaningful democracy apply when looking at the long list of changes in immigration policy since 2008. Major changes to Canada's immigration system have been buried in budget and omnibus bills. Both types of bills lump together multiple unrelated issues and are voted on in their entirety. This means specific proposals attract little attention and, even when they do, are unlikely to be opposed because voting against the bill can threaten to bring down the government, especially in times of minority rule. Even more problematic than the government's choice of budget and omnibus bills over stand-alone immigration bills has been its heavy reliance on "ministerial instructions."

Passed under the Harper minority government as part of the 2008 Budget Implementation Act, ministerial instructions grant the immigration minister enormous discretion over the processing of immigrant applications. Ministerial instructions render legal policy reforms that bypass parliament and, since 2012, can even be applied retroactively.

The changes that have since been effected through ministerial instructions include the contested two-year moratorium on the sponsoring of parents and grandparents. Instead of being placed on the path to permanent residency, these family members now receive a "super visa" that allows them to visit - but not to remain in - Canada for up to two years, provided their families can afford the cost of private health insurance.

Canada has long been internationally admired for its open, transparent, and fair immigration and refugee policy and the absence of the kind of political polarization and popular xenophobia that marks immigration politics in the United States, Australia, and much of Europe. The sweeping policy changes of the past four years, and the way in which they were enacted, threaten to undermine these enormous accomplishments.

While good faith efforts at consensus-building and parliamentary debate cannot guarantee thoughtful public discussion and good policy, it is hard to imagine either to occur in the absence of these democratic processes. To the extent that our government uses its executive powers to pass controversial reforms without consulting with societal interests and by strategically sidelining parliament, it will endanger the democratic legitimacy of Canada's immigration system.

Should Canada's long-standing bipartisan consensus on immigration fall apart, immigration will become the kind of divisive issue it is elsewhere. Politicians will face incentives to exploit immigration issues for political gains.

The government is right that our immigration system can be made more efficient. But let us not sacrifice its legitimacy and fairness in the process.

Dr. Antje Ellermann is a faculty associate at the Peter Wall Institute for Advanced Studies at the University of British Columbia. She is also an associate professor in the Department of Political Science at UBC, focusing on the comparative politics of immigration and the ethics of immigrant selection.

http://www.vancouversun.com/news/Fairness+lost+immigration+reform/7864538/story.html

 

[joe07]

You shouldn't read too much into that because there could be a hundred different reasons for it.

For example, what was the total number of Tim's clients from China, and what was the total number of clients from India? Without knowing the numbers, it's impossible to make any kind of comparison.

Also, from those dozens who got their visas approved in China, what were their NOCs? If they were all very similar to the NOCs from the Indian groups, then there might be some reason to be concerned. But if the NOCs were very different, then that could easily explain why the Chinese group got approved. Again, without knowing the details, it's impossible to make any kind of comparison.

dude I appreciate that ur well off in Canada and doing good. If I may ask you work night shift in Canada since all ur post have an odd time. Maybe you r trying to make a point but it doesn't help anyone. This is a portal where people share what's happening and want to know more details. U like it or not I am here to get view. I agree some would have posted something irrelevant or some stupid comment. But many r looking at this form to get info. I hate to say this but Canada didnt become what it is until people migrated and helped the economy. And economy across the globe goes for ups and downs. It's was really a bad comment you made saying u dont want people to migrate. I have seen job portals who has so much vacancy to hire. Where r the so called Canadians. Most of them would have registered unemployment and would be getting the unemployment benifits from the gov. So don't put all the group in one basket. Lets wait and watch what's gona happen and keep posting what is relevant.
Cheers Mate

 

[tuyen]

Another idiotic article written by another idiotic liberal professor.

Hey Warmest, since you seem to be so fond of posting immigration articles, I wonder why you never post any which are SUPPORTING the current changes? :

Canada has long been internationally admired for its open, transparent, and fair immigration and refugee policy and the absence of the kind of political polarization and popular xenophobia that marks immigration politics in the United States, Australia, and much of Europe.

See...that quote right there tells you what a moron this woman is. She calls the United States, Australia, and Europe "xenophobic". In which alternate universe is this looney woman living? XENOPHOBIC? When was the last time she's even set foot in Europe? In the past 15-20 years, Europe has been the exact opposite of xenophobic to the point where many people are starting to say "okay...enough now". And describing the U.S. and Australia as xenophobic is equally absurd, especially with the amount of immigrants the U.S. takes in every year. If Europe and the U.S. are xenophobic, then which countries are NOT xenophobic? Maybe she thinks North Korea or Iran are more inviting and friendlier towards immigrants?

 

[tuyen]

dude I appreciate that ur well off in Canada and doing good. If I may ask you work night shift in Canada since all ur post have an odd time.

I'm visiting my girlfriend in Germany at the moment, and it's daytime here.

Maybe you r trying to make a point but it doesn't help anyone. This is a portal where people share what's happening and want to know more details. U like it or not I am here to get view.

Read the post that you replied to. What did I say in there which would come off as unhelpful? I tried to explain that there could be MANY reasons why Tim's Chinese group got visas while the Indian groups have not.

I agree some would have posted something irrelevant or some stupid comment. But many r looking at this form to get info. I hate to say this but Canada didnt become what it is until people migrated and helped the economy. And economy across the globe goes for ups and downs. It's was really a bad comment you made saying u dont want people to migrate.

You're free to disagree with my views, but they're based on facts. And yes, Canada was built by immigrants - everybody knows that. But you can't compare emigrating to Canada in 1825 to how it is today. We have to deal with the PRESENT situation, and right now, the present situation is a bad economy. As I've said MANY TIMES: when the economy improves and can once again absorb new immigrants, I'm MORE than happy to welcome them.

I have seen job portals who has so much vacancy to hire. Where r the so called Canadians.

Even in a bad economy, there are always SOME companies that are hiring. But for every company that IS hiring people, there are a thousand others who are NOT hiring. And these "job portals" you speak of, are they asking for foreign workers because they can't find anybody in Canada to fill those positions? My bet is, no, they're not.

 

[joe07]

I'm visiting my girlfriend in Germany at the moment, and it's daytime here.


Read the post that you replied to. What did I say in there which would come off as unhelpful? I tried to explain that there could be MANY reasons why Tim's Chinese group got visas while the Indian groups have not.


You're free to disagree with my views, but they're based on facts. And yes, Canada was built by immigrants - everybody knows that. But you can't compare emigrating to Canada in 1825 to how it is today. We have to deal with the PRESENT situation, and right now, the present situation is a bad economy. As I've said MANY TIMES: when the economy improves and can once again absorb new immigrants, I'm MORE than happy to welcome them.


Even in a bad economy, there are always SOME companies that are hiring. But for every company that IS hiring people, there are a thousand others who are NOT hiring. And these "job portals" you speak of, are they asking for foreign workers because they can't find anybody in Canada to fill those positions? My bet is, no, they're not.

If ur with your GF then you should spend time with her rather than argue here. I didnt say job portals where for foreign applicants. i was questioning your comment on that there are enough of Canadians out of job or dont have work.. why isnt that these jobs aint filled .. just realized that you seems to be a super egoistic guy who wants to comment on everything and say that you are right and rest of the world is wrong.. slow down dude. ( somewhere I believe your one of the pissed applicant who was declined an entry to Canada ). Now you don’t have to prove anyone here that ur a Born Canadian or u migrated in 80’s. Its 12:10 pm in Germany you should relax and have lunch with ur GF. We all know there could be only one out come to these applicants. A yes or a no but until someone in this forum has said he has been rejected or approved why to bring in negative comments. This form is to make people believe or give hope till the letter reaches each one of us.

 

[annel]

http://canadianimmigrant.ca/news-and-views/court-case-of-scrapped-fsw-applicants-heard

 

[tuyen]

If ur with your GF then you should spend time with her rather than argue here.

Wow...what an amazing idea. If you hadn't mentioned it, I NEVER would've thought of it by myself. :

And yes, I would love to spend time with her, except that she's down at the university right now doing her work. As soon as she comes home, you can rest assured that we'll both be spending LOTS of time together.

I didnt say job portals where for foreign applicants. i was questioning your comment on that there are enough of Canadians out of job or dont have work.. why isnt that these jobs aint filled ..

So if I go to London and I see a "Help Wanted" sign at a McDonald's, should I automatically assume that there are no British people in London who can fill that job?

Also, if you don't believe that many Canadians are out of work, what's preventing you from looking up the numbers?

somewhere I believe your one of the pissed applicant who was declined an entry to Canada

You believe incorrectly. And if I may say, you make yourself look really foolish by trying to say that I'm a "pissed applicant who was declined entry to Canada". I mean...at the risk of bragging, do my writing skills and English competency give you ANY reason at all to believe that I'm an immigrant who's been declined? If you were so interested in my immigration status, you're more than welcome to read my earlier posts, not only in this thread but in others, where I clearly stated that I came to Canada as a child, and have been here for 31 years.

We all know there could be only one out come to these applicants. A yes or a no but until someone in this forum has said he has been rejected or approved why to bring in negative comments. This form is to make people believe or give hope till the letter reaches each one of us.

Actually, no, I'm sorry to break the news to you, but this forum is NOT only for the purpose of giving people hope. This particular forum is called "Federal Skilled Workers Class Action Lawsuit", and nowhere does it state that the ONLY comments allowed are the ones which "give hope" or those which are one big kumbaya moment where everybody thinks and feels the same way, like a bunch of mindless drones.

This is a discussion forum. People are here to DISCUSS the issue pertaining to the thread, and that's exactly what I've been doing. You don't have to read my posts if you don't like them, and I'm certainly not going to tell you to get out of here and stop posting if you disagree with me.

 

[tuyen]

http://canadianimmigrant.ca/news-and-views/court-case-of-scrapped-fsw-applicants-heard

"The would-be immigrants' lawyers have asked for processing of the files to resume within 30 days and completed within 300 days of a judgment."

That was a REALLY bad thing to ask for.

How can the lawyers possibly expect CIC to process 278,391 applications in 300 days!?

If I'm at CIC and the judge tells me "you have to process all those applications in 300 days", guess what the most likely outcome will be? Big fat REJECTION stamps on almost every application just to meet the deadline.

If I was cynical, I would say that these lawyers don't really WANT these people to emigrate to Canada, which is why they tried to sabotage their cases with such a ridiculous demand.

 

[joe07]

Wow...what an amazing idea. If you hadn't mentioned it, I NEVER would've thought of it by myself. :

And yes, I would love to spend time with her, except that she's down at the university right now doing her work. As soon as she comes home, you can rest assured that we'll both be spending LOTS of time together.


So if I go to London and I see a "Help Wanted" sign at a McDonald's, should I automatically assume that there are no British people in London who can fill that job?

You believe incorrectly. And if I may say, you make yourself look really foolish by trying to say that I'm a "pissed applicant who was declined entry to Canada". I mean...at the risk of bragging, do my writing skills and English competency give you ANY reason at all to believe that I'm an immigrant who's been declined? If you were so interested in my immigration status, you're more than welcome to read my earlier posts, not only in this thread but in others, where I clearly stated that I came to Canada as a child, and have been here for 31 years.

Actually, no, I'm sorry to break the news to you, but this forum is NOT only for the purpose of giving people hope. This particular forum is called "Federal Skilled Workers Class Action Lawsuit", and nowhere does it state that the ONLY comments allowed are the ones which "give hope" or those which are one big kumbaya moment where everybody thinks and feels the same way, like a bunch of mindless drones.

This is a discussion forum. People are here to DISCUSS the issue pertaining to the thread, and that's exactly what I've been doing. You don't have to read my posts if you don't like them, and I'm certainly not going to tell you to get out of here and stop posting if you disagree with me.
[/quoteYou believe incorrectly. And if I may say, you make yourself look really foolish by trying to say that I'm a "pissed applicant who was declined entry to Canada". I mean...at the risk of bragging, do my writing skills and English competency give you ANY reason at all to believe that I'm an immigrant who's been declined? If you were so interested in my immigration status, you're more than welcome to read my earlier posts, not only in this thread but in others, where I clearly stated that I came to Canada as a child, and have been here for 31 years.
"English is medium for communicating. Since lot of people who been in Canada earlier cant even understand or speak properly. Just because you know good English and don’t know any work doesn’t mean you are an eligible applicant to Canada. There are few here who is well adverse in English (like you) I have scored 8.5 IELTS doesn’t mean that I can board the plane. If you have missed my earlier post I been in London for sometime and in US ( I hope that you aint going to comment that I was speaking hindi/urdu/Arabic/Chinese ) in that part of the world. Lets just cut the crap fight. And now I know for once you also waited for ur PR. Enjoy ur day with ur GF. Take it easy. U don’t have to comment back and prove that ur right and I am wrong. "

 

[tuyen]

And now I know for once you also waited for ur PR. Enjoy ur day with ur GF. Take it easy. U don't have to comment back and prove that ur right and I am wrong.

I won't comment on being right or wrong, but yes, there was a time when I had to wait 18 months to enter Canada on a family visa. I was very young at the time, so the waiting for me was obviously not as difficult as it is for people who are waiting as adults.

I actually DO hope that one day you get your PR also. But I hope it will be when the Canadian economy is in substantially better shape than it is today.

 

[zolter]

As I've said...many...many...many times already - I'm not taking pleasure in anything. I've also stated on multiple occasions that I'm not jobless, but in fact have had my own business for the past 12 years. And you know what? Whenever I needed to hire employees, I was always able to find them quickly and easily, right here in Canada. I never had a need to go looking overseas for workers, and 99.999% of Canadian companies will tell you the same thing. It's an act of complete insanity on the government of Canada's part when they want to bring in tens of thousands of people into the country every year even if they have no arranged employment. That's just a recipe for disaster, especially during an economic downturn where the unemployment rate in Canada has been hovering at 10% for the last 4 years.

The reason I want the lawsuit to be thrown out once and for all is because Canada's economy can NOT absorb another 260,000 people flooding in here looking for jobs when there are ALREADY millions of Canadians who can't find work. This is not a difficult concept to understand. Try to imagine 260,000 new people in Canada who will ALL need to find work, otherwise they'll be depending on the government to feed them and house them. And when that happens, guess who's going to be paying for it. It will be people like me, with my tax dollars. And quite frankly, I don't feel that I should have to support people who were brought into the country against my wishes. I didn't vote for that, I didn't support it, and I don't want to be paying the price for it. Between my corporate taxes, personal income taxes, local municipal taxes, sales taxes, and a myriad of other government fees and taxes, I'm already giving millions of dollars to the government every year, and honestly, I think I'm paying MORE than my fair share. So if somebody wants to bring in 260,000 people into Canada without having any jobs waiting for them, then let somebody ELSE pay for their welfare, because I sure as hell don't want to do it.

In the future, when economic conditions around the world improve, and Canadian companies find themselves in positions of needing to hire foreign workers, then I will have no objections. This is also something that I've stated many times already.

As much as it leaves a sour taste in my mouth, I still have to agree that you are right in your point of view and position as an Canadian citizen.