Federal Skilled Worker Class Action Lawsuit

[warmest]

Hi guys,

My guess is
(1) Justice Barnes may not rush through while making decisions. So far he has given the impression that he is a cool person and at the same time a firm person. All his decisions will bring justice to us. He is going to rule in our favour. No doubt about it. It is only going to be a matter of time. He may rule on Tim Leahy's motion, in our favour, by this month or in November 2012.
(2) Regarding the 'class action lawsuit', he may prefer a 'case managed approach' rather than a 'class action approach'. This again will only favour the litigants at the end, though it may take quite a long time to come (hopefully by the first or second quarter of 2013).

 

[hopeful4]

1300 applicants,waaaw
400x1300
520000 dollars in advance
plus
1100x1300
1430000 dollars when the case is won

plus
1/3 of any financial compensation

Tim (and others) are getting rich because of this C-bill budget plan,,,,,the Canadian government is not only reducing the backlog but also making its citizens rich,,on our account!!

 

[Badal789]

here is another tweet of kenney
Pre-assessment of educational credentials for Foreign Skilled Worker applicants will start in January, 2013. Details to follow.

THis means that only those who have Canadain education will be able to apply in Jan.
This is not fair to other applicants , as this is a compitition now because of the cap.

Never mentioned to any place ``Foreign Skilled Worker applicants will start in January, 2013`` but during EARLY 2013. I think the applications acceptance will start later than January 2013, It could be even from March 2013. During this time CIC will have the chance to clear the back log. However, this is my personal opinion.

 

[farmerofthedell]

1300 applicants,waaaw
400x1300
520000 dollars in advance
plus
1100x1300
1430000 dollars when the case is won

plus
1/3 of any financial compensation

Tim (and others) are getting rich because of this C-bill budget plan,,,,,the Canadian government is not only reducing the backlog but also making its citizens rich,,on our account!!

Do not think about what the lawyers will make, because that is really for the amount of time they spent to study law, to study our specific cases, and to plan strategies. If you pay someone cheaper, you might also get lower quality results. And do remember that you're paying only a fraction of what a unique case would cost you. For uniques cases, you'd need to pay for each motion filed and each court appearance made too, and there could also be a huge success fee at the end.. 2012 is probably a record year for immigration cases filed, and this is probably the first time the federal court has surpassed 10,000 IMM cases filed in a year.

 

[jevan]

Jevan, which group did you join in the litigation? are you with Tim Leahy?

@Sac,
no dear,i joined David Cohen's law firm in september 10.Do u have any idea about the outcome of this litigation.our next hearing date is 16th of november.
Best Regards.
Jevan.

 

[sac]

Do not think about what the lawyers will make, because that is really for the amount of time they spent to study law, to study our specific cases, and to plan strategies. If you pay someone cheaper, you might also get lower quality results. And do remember that you're paying only a fraction of what a unique case would cost you. For uniques cases, you'd need to pay for each motion filed and each court appearance made too, and there could also be a huge success fee at the end.. 2012 is probably a record year for immigration cases filed, and this is probably the first time the federal court has surpassed 10,000 IMM cases filed in a year.

farmerofthedell: you mean the federal courts in canada are clogged now with 10,000 IMM cases, which include ours? this is going to cost their systems a lot and imagine the economic repercussion if the courts would judge the case in our favor.

 

[hopeful4]

Do not think about what the lawyers will make, because that is really for the amount of time they spent to study law, to study our specific cases, and to plan strategies. If you pay someone cheaper, you might also get lower quality results. And do remember that you're paying only a fraction of what a unique case would cost you. For uniques cases, you'd need to pay for each motion filed and each court appearance made too, and there could also be a huge success fee at the end.. 2012 is probably a record year for immigration cases filed, and this is probably the first time the federal court has surpassed 10,000 IMM cases filed in a year.

I know it takes lots of time and effort. Actually I kind of like Tim because he is very responsive with his client. You would send an e mail and get a reply in less than one hour.
But why all of this? our cases are so obvious,,,,I expected that the judge will make a judgment after the first hearing,,,,,,right and wrong are so clear here ,,,,we will endure more and more costs just to be permitted in Canada , as if we were rich ,,,

 

[farmerofthedell]

jevan: Next hearing date is supposed to be Nov 23. There probably won't be any news on Nov 16.

hopeful4: When I checked just now, I saw the most recent record was IMM-10525-12. Last year the highest numbered IMM record was IMM-9873-11. Not all are similar to ours, as there are also cases of refugees, refused applicants and illegal immigrants. I would estimate there to be around 4,000 cases between the Leahy and Waldman group lawyers by now.

 

[jevan]

jevan: Next hearing date is supposed to be Nov 23. There probably won't be any news on Nov 16.

hopeful4: When I checked just now, I saw the most recent record was IMM-10525-12. Last year the highest numbered IMM record was IMM-9873-11. Not all are similar to ours, as there are also cases of refugees, refused applicants and illegal immigrants. I would estimate there to be around 4,000 cases between the Leahy and Waldman group lawyers by now.

Dear Friends,
According to CIC Operation Bulletin OB0442C the cic has directed to its visa office to return the fee to the affected applicants.
Dont know whether litigants are included or not.
Jevan.

 

[sac]

Dear Friends,
According to CIC Operation Bulletin OB0442C the cic has directed to its visa office to return the fee to the affected applicants.
Dont know whether litigants are included or not.
Jevan.

Dear All:

CIC has now come up with the OB442C directing visa offices to submit to NHQ - Finance the list of those applicants whose applications were terminated and whose application fees are to be refunded. The list would include two priority applicants. Kindly read below the pertinent instructions of OB442C.

NHQ – Finance will be implementing a phased approach to the return of fees for terminated FSW applications. First priority will be given to those applicants who proactively contacted a visa office before October 12, 2012 to inquire about a return of fees following the coming into force of the Jobs, Growth and Long-term Prosperity Act on June 29, 2012.

Second priority will be applicants who respond to the general notice on the CIC website as affected by the terminating provision of the Act, and who submit the Return of Processing Fee, Right of Permanent Residence Fee or Right of Landing Fee formand provide contact information as directed. NHQ – Finance will subsequently follow up with all affected applicants to confirm contact information in advance of issuing fee returns.

In order to facilitate the compilation of data required by NHQ – Finance to initiate the return of fees, visa offices are to take the actions outlined below.

Now I would say therefore that those who did not communicate to their visa offices to ask for refunds, and specially those who filed litigation cases in the federal court are not included in the refund processes. We hold the hope that the federal court, indeed, would rule in our favor.

 

[sac]

Dear All:

Now it is clear that CIC has made specific instructions to all visa offices to initiate the submission of the list of applicants who will be refunded. Kindly refer to OB442C in the CIC website and the instructions are clearly there. Analyze them very well. What I am getting is that OB442C intends to refund only those applicants that signified their intention to be refunded, either by proactively communicating with their visa offices or "who submit the Return of Processing Fee, Right of Permanent Residence Fee or Right of Landing Fee form and provide contact information as directed" /color].

However, OB442C also says that: NHQ – Finance will subsequently follow up with all affected applicants to confirm contact information in advance of issuing fee returns.

/color].

And this includes all of us applicants of Pre-February 2008. The website of Bellissimo Law Group says below, and I highlight in red font the important sections:


Mario D. Bellissimo on behalf of Bellissimo Law Group, Campbell Cohen and the over 1100 applicants they represent argued the Stay Motion in Ottawa. The stay motion, although dismissed, was successful on many fronts:

An agreement was reached with the Department of Justice on behalf of Citizenship and Immigration Canada (CIC) to (1) not initiate communications with applicants to process termination, (2) not issue refunds unless applicants directly wish a refund, and (3) not destroy files until the outcome of the next step in the proceeding in November.
It is clear following this proceeding that based on fact and law individual applicants can challenge the termination of their applications in Federal Court, if necessary.
The case will now move forward to a Certification Hearing in November 2012 wherein applicants' counsel will seek to certify a proceeding on behalf of all applicants who are facing termination and do not consent to the termination of their applications.


I suggest to all who wish not to be refunded not to contact their visa offices to submit any communication expressly requesting for refunds, pending the litigations now being filed by immigration lawyers to question the validity of this law now in operation through the class action suit. Because CIC will indeed proceed to refund you.

SAC

 

[r_nadeef]

Notice – Fee Returns for Federal Skilled Worker applicants affected by the backlog elimination measure

October 12, 2012

The content below is offered in PDF format. For more information or to download the appropriate viewer, check the Help page.
Citizenship and Immigration Canada (CIC) is now starting to return fees which were paid to the Department for Federal Skilled Worker (FSW) applications affected by the Government of Canada’s Jobs, Growth and Long-Term Prosperity Act.

If you applied before February 27, 2008, and have not heard from CIC about whether a decision based on FSW program selection criteria (*see below) was made on your application, you may be affected by this new law.

If you fall under this category, CIC needs to verify your contact information is up to date so that your fee return will reach you at your current address. Please note that interest will not be paid on the fees.

Please confirm your latest contact details by sending CIC this form (PDF, 1.4 MB). While we will also contact you by regular mail later on if we do not hear from you, communicating with us electronically is the best and easiest way to have your fee return processed.

Due to the large number of affected applicants, the fee return process may take some time from the date your form is received by CIC to the issuance of your cheque. We appreciate your patience.

Your FSW application has been terminated by operation of law if:

you applied before February 27, 2008, and
a decision based on FSW program selection criteria* was not made on your application by an immigration officer before March 29, 2012.
(*A “FSW program selection criteria” decision means that a CIC officer has determined that you have accumulated enough points to qualify for the program, based on factors such as your language skills, education and work experience.)

If you remain interested in immigrating to Canada, you may be eligible under other immigration programs. To find out more about the requirements and steps to apply in each category, please see Immigrating to Canada.

For more information, please see these Frequently Asked Questions.

Backgrounder

Frequently asked questions: Fee Returns for Federal Skilled Worker applicants

 

[drsaini]

@ r_nadeef
cud u pls provide link for same.

 

[hopeful4]

Thank you for these updates.
THough my file will be most probably not returned , I feel very angry and I can not believe the government an do this

 

[sac]

Thank you for these updates.
THough my file will be most probably not returned , I feel very angry and I can not believe the government an do this

hopeful4: so you are sure that your application fee shall not be returned? Did you check your ECAS online? What does it say?