Federal Skilled Worker Class Action Lawsuit

[emsky1973]

I didn't join the litigation so I think this it for my application. The long and awaited decision comes to an end now, very disappointing, not fair and square!

 

[sac]

Everyone:

yes, the road to Canada for those who applied pre-February 27, 2008 has come to an end with the notice at CIC Website (confer Operational Bulletin 442C) that the refunds are now starting. We shall be receiving them now, at any time. Those who have not joined any litigation, think about it as your option. Or you may prefer to apply under the new criteria early next year, 2013. Good luck fellas!

 

[emsky1973]

I can still access my Ecas. :'(

 

[hopeful4]

Sac my ecas is in process. But e cas is meaningless. My caips showed that there is a score 74 and selcdec4 for me. THis is the most important,,,although you can never be sure with CIC

 

[sac]

Sac my ecas is in process. But e cas is meaningless. My caips showed that there is a score 74 and selcdec4 for me. THis is the most important,,,although you can never be sure with CIC

hopeful4: when did you submit your application? was it before February 27, 2008? And was it through Simplified Application Process (SAP) wherein no documents such as education credentials and IELTS results were submitted yet, except the forms and the application fees? Please I need to know.

 

[mississaugans]

@ r_nadeef
cud u pls provide link for same.

http://www.cic.gc.ca/english/resources/manuals/bulletins/2012/ob442C.asp

http://www.cic.gc.ca/english/department/media/notices/notice-returns.asp

 

[farmerofthedell]

My advice is, do not contact CIC regarding refund information, and do not provide an address update if they write you directly for one. If you do receive a refund check, do not deposit or encash it, as they may try to use it against you if you have FSW litigation against them. Further, while Justice Barnes says that one can deposit the check, then repay later on if the court decides in applicants' favor, the mechanism for doing so will require additional time to develop and implement.

 

[sac]

My advice is, do not contact CIC regarding refund information, and do not provide an address update if they write you directly for one. If you do receive a refund check, do not deposit or encash it, as they may try to use it against you if you have FSW litigation against them. Further, while Justice Barnes says that one can deposit the check, then repay later on if the court decides in applicants' favor, the mechanism for doing so will require additional time to develop and implement.

farmerofthedell: i made an update of my address, online, close to a month ago. i was not contacted at all for refund purposes. my brother also made an update of his address recently within this week but he was not contacted for refund purposes. it seems that the CIC feels confident that the federal court is not going to certify for a class action suit.

priority 1 for refund are those who proactively contacted the CIC for refund purposes. priority 2 are those who responded to the CIC announcement online on refund and has submitted the refund form to the CIC. those who do nothing on these two actions, I guess, still would be sent with letters regarding refunds. it is now up to us if we respond or not.

 

[amikety]

I hope everyone on this forum is aware it's run by a lawyer's office.

Class Action Lawsuits take years and years to go through the courts. You're paying $500 to a lawyer to wait years for results - and if you win (and you probably will) it will take years for Immigration to sort things out and process your application. (There's a class action lawsuit against Immigration filed in 2009 still pending, no court dates ever set yet. If I can remember the name of it, I'll post it.)

I'm willing to bet it would be faster to reapply under FSW and save the $500 and headache with the lawsuit. Just because the courts decide Immigration was wrong to throw out your applications doesn't mean they will be instantly approved. They will still go through the same backlog and review as any other application. (As they should, to make sure they are legitimate. We wouldn't want con men sneaking their way in through the lawsuit.)

This seems nothing more than a money grab by the lawyers. Sorry, that's my two cents, but I feel people are being led astray, thinking this will speed things up when CAL tend to do the exact opposite. Courts make everything slower.

 

[drsaini]

@ mississaugans
thank u

 

[hopeful4]

I got this e mail from TIm Leahy advising us to cash the refund , signing that we protest on the file closure

Good day,

CIC has now released the refund procedure. See the following links:

http://www.cic.gc.ca/english/resources/manuals/bulletins/2012/ob442C.asp


http://www.cic.gc.ca/english/department/media/notices/notice-returns.asp


Fortunately the form (second link) does not require you (a) to request the refund, (b) to concede that you accept the closing of your file or (c) to sign the form (unless you want the cheque paid to someone other than the principal applicant). Instead, it is only asking for information from you. My advice, therefore, is that you complete and hit the "send" button.

It generally takes CIC two months to issue a cheque. So, I would not expect to see the cheque arrive promptly. It is only when you cash the cheque that you need to be cautious. Examine the cheque before cashing it. If it contains anything whereby you agree to the cancellation of your file, cross it off and initial the cross-off. Above your signature write:
cashed under protest
I still want [file number] processed
[signature]

In the event that our litigation -- or the s. 87.4 ligation -- is successful or CIC reverses course owing to our litigation (or the litigation in general), CIC will have to prove that you cashed the cheque. The only way to do so is to provide a copy of the endorsement on the back of the cheque, which will show that you cashed the cheque under protest.

If Justice Barnes ever gets around to writing his reasons for denying the injunction, if he is reasonably honest, he will include in his reasons his claim that, should the litigation succeed, those who have cashed the cheques may resurrect their file by repaying the amount. Likewise, a court order to that effect may be included when the litigation has finally runs its course.

The alternative would be holding the cheque until the litigation has run its course, by which time the cheque may well be stale-dated, requiring you to request a replacement, which action would take months and months and months. So, you might as well cash it, rather, than (a) allowing CIC to continue earning interest on your money or (b) having to go through the hassle of having it replaced if our litigation fails. Just be sure not to sign anything saying that you have agreed to the closing of your file.

This event is not the end but only one step along the way. Sometime -- hopefully before he retires from the bench -- Justice Barnes will rule on our motion. If so, you will not have to decide what to do with the cheque - but, it would surely be poetic justice if, after you have your visas, the cheque arrives in the mail!

Regards,

Tim

 

[hopeful4]

Sac
I applied in September 2007 Berlin office, under simplified process. Updated my documents in June 2010. My application was assessed against point grid in September 2010
Since then no news from CIC
But you cannot compare these dates with your case because each visa office has its own timeline. What I Noticed is that certain visa office are over crammed with backlog applications . Worst are Newdelhi, Islamabad, Accra, Singapore.
while offices in Europe are a little bit better, there is no guarantee that a certain application will not be returned.

 

[hopefulever]

@ Mancilla,
i have joined David Cohen's law firm for litigation in september10,2012.
Our next hearing is expected in mid of november.would u plz give ur expert opinion that what outcomes the litigants may find in current litigation?
Moreover as per cic operational bulletin OB0442c the cic has directed its visa offices regarding returning of fee to the affected applicants,,then what will happen to the litigants?
Mancilla this time i really need ur expert opinions.plz plz plz reply.
Best Regards.
Jevan.

OB 442C clears the doubts. Those who have been assessed as on 29th of March and alloted more than 67 points,will be Processed. That means those who have updated documents were alloted points in the caips as on 29th March. If you have applied and not updated documents then you may not be alloted points yet. And unless court interferes your file may be returned. IS THERE SOMEONE. WHO CAN EXPLAIN THIS IN SIMPLE WORDS.

 

[PMM]

Hi

I hope everyone on this forum is aware it's run by a lawyer's office.

Class Action Lawsuits take years and years to go through the courts. You're paying $500 to a lawyer to wait years for results - and if you win (and you probably will) it will take years for Immigration to sort things out and process your application. (There's a class action lawsuit against Immigration filed in 2009 still pending, no court dates ever set yet. If I can remember the name of it, I'll post it.)

I'm willing to bet it would be faster to reapply under FSW and save the $500 and headache with the lawsuit. Just because the courts decide Immigration was wrong to throw out your applications doesn't mean they will be instantly approved. They will still go through the same backlog and review as any other application. (As they should, to make sure they are legitimate. We wouldn't want con men sneaking their way in through the lawsuit.)

This seems nothing more than a money grab by the lawyers. Sorry, that's my two cents, but I feel people are being led astray, thinking this will speed things up when CAL tend to do the exact opposite. Courts make everything slower.

It's Hinton http://www.cic.gc.ca/english/department/laws-policy/lawsuit.asp

 

[hopeful4]

This is hilarious . The above class action was commenced in 2008 and until now no decision was made!!
I wonder why Cohen opted for a class action rather than managed litigation |?
The managed litigation takes far less time and has usually a better outcome.