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Federal Skilled Worker Class Action Lawsuit

farmerofthedell

Star Member
Jun 21, 2012
89
10
Vancouver, BC
Category........
FSW
Visa Office......
Manila
NOC Code......
0016
App. Filed.......
2014-09-12
AOR Received.
2014-12-30
File Transfer...
2015-01-08
Med's Request
2015-07-02
Med's Done....
2015-07-07
Passport Req..
2015-08-04
VISA ISSUED...
2015-08-21
LANDED..........
2016-03-18
kiwi1: If you got SELDEC 1 (and a request for update) before March 29, 2012, your file should be processed to completion as part of Kenney's 20,000 applications saved from s87.4. Swerte. But that's probably not the reason why your name still appears in ECAS, because my name still appears in ECAS as well, although I will never get the correction letter you got (my AOR is Sep 2007). And if you got SELDEC 1 after March 29, 2012 and are still being processed, swerte pa rin... I wouldn't complain. :)

wesam762006: If you are an MI-1 applicant, maybe you just need to inform CIC that you got the address update letter, but that you are under MI-1 and should not be refunded. MI-1, while being issued in Nov 2008, was retroactive to files received on or after Feb 27 2008.
 

kiwi1

Star Member
Jun 9, 2012
190
3
Job Offer........
Pre-Assessed..
hi farmerofthedell

I have to wait for my CAIPS to see what's the SELDEC is...As to my ECAS, I no longer had access to it from 7 March 2013. It was only after I recd the letter the other day that I tried to check if I can access it again. The details are still the same, with the status blank, when I last had access on 7 March. I am not sure if this is another mistake on their part...

Cheers


farmerofthedell said:
kiwi1: If you got SELDEC 1 (and a request for update) before March 29, 2012, your file should be processed to completion as part of Kenney's 20,000 applications saved from s87.4. Swerte. But that's probably not the reason why your name still appears in ECAS, because my name still appears in ECAS as well, although I will never get the correction letter you got (my AOR is Sep 2007). And if you got SELDEC 1 after March 29, 2012 and are still being processed, swerte pa rin... I wouldn't complain. :)

wesam762006: If you are an MI-1 applicant, maybe you just need to inform CIC that you got the address update letter, but that you are under MI-1 and should not be refunded. MI-1, while being issued in Nov 2008, was retroactive to files received on or after Feb 27 2008.
 

j.sohi

Full Member
Jan 17, 2013
40
0
london
Category........
Visa Office......
new delhi
NOC Code......
4142
Job Offer........
Pre-Assessed..
App. Filed.......
dec2003
Doc's Request.
july 2008
IELTS Request
already submitted with application
File Transfer...
no
Med's Request
no
Med's Done....
no
Interview........
no
Passport Req..
no
VISA ISSUED...
no
LANDED..........
no
kiwi1 said:
hi farmerofthedell

I have to wait for my CAIPS to see what's the SELDEC is...As to my ECAS, I no longer had access to it from 7 March 2013. It was only after I recd the letter the other day that I tried to check if I can access it again. The details are still the same, with the status blank, when I last had access on 7 March. I am not sure if this is another mistake on their part...

Cheers

I have already got refund but status now again came up with name and address. Chaips note says that psdec1 and seldec 0
 

Canadishianer

Full Member
Jul 26, 2013
20
2
Category........
Visa Office......
NDVO
Job Offer........
Pre-Assessed..
AOR Received.
14-07-2013
Hi Team,

Like all m also an aspirant to migrate Canada for good...
I also did the filing in the month of may, already got PER couple of days ago !

Does anyone have an idea about Canadian Immigrant Integration Program (CIIP) ?

When exactly one can apply there to join the newcomers orientation program in India ?

I heard it helps a lot settling down as a new immigrant in Canada..!!!

Would highly appreciate if someone has some related re-search done on it and would not mind sharing it...

Cheers,
:) :) :)
 

HSBenipal

Newbie
Mar 12, 2013
8
0
kiwi1 said:
hi farmerofthedell

I have to wait for my CAIPS to see what's the SELDEC is...As to my ECAS, I no longer had access to it from 7 March 2013. It was only after I recd the letter the other day that I tried to check if I can access it again. The details are still the same, with the status blank, when I last had access on 7 March. I am not sure if this is another mistake on their part...

Cheers
Hi Kiwi 1 i applied in April 2004 got app AOR in Aug 2004. Then in Sept 2008 i got letter from cic to update my address and all other documents I updated in Nov 2008 90 days time was there. MI-1 was issued then in Nov 2008. Does this mean that that instructions does not implement on me. then what about 87.4 now........
 

j.sohi

Full Member
Jan 17, 2013
40
0
london
Category........
Visa Office......
new delhi
NOC Code......
4142
Job Offer........
Pre-Assessed..
App. Filed.......
dec2003
Doc's Request.
july 2008
IELTS Request
already submitted with application
File Transfer...
no
Med's Request
no
Med's Done....
no
Interview........
no
Passport Req..
no
VISA ISSUED...
no
LANDED..........
no
HSBenipal said:
Hi Kiwi 1 i applied in April 2004 got app AOR in Aug 2004. Then in Sept 2008 i got letter from cic to update my address and all other documents I updated in Nov 2008 90 days time was there. MI-1 was issued then in Nov 2008. Does this mean that that instructions does not implement on me. then what about 87.4 now........
Hello mr benipal
Have u got refund letter. Have u checked ur status now? What does ur caips say? Plz share
Regards
Sohi
 

HSBenipal

Newbie
Mar 12, 2013
8
0
Got refund letter. But i am not filling the form for refund. Status not showing anything. Today I wrote to my visa office. I have not applied for CAIPS.
 

kiwi1

Star Member
Jun 9, 2012
190
3
Job Offer........
Pre-Assessed..
hi HSBenipal

Based on your timeline, you are also a Pre-Feb 27, 2008 applicant.....I am no expert either but since you did some document updates, I think it is best to at least request for your CAIPS so you will have an idea on what has happened to your file.


HSBenipal said:
Hi Kiwi 1 i applied in April 2004 got app AOR in Aug 2004. Then in Sept 2008 i got letter from cic to update my address and all other documents I updated in Nov 2008 90 days time was there. MI-1 was issued then in Nov 2008. Does this mean that that instructions does not implement on me. then what about 87.4 now........
 

sheikh958

Hero Member
Nov 26, 2012
727
13
Visa Office......
London
NOC Code......
2132
Job Offer........
Pre-Assessed..
App. Filed.......
27-05-2013
AOR Received.
PER:12-08-2013
File Transfer...
August 2013
Med's Request
28th July 2014
Med's Done....
21st August 2014
Interview........
Medical received: 27th August 2014
Passport Req..
22-09-2014
VISA ISSUED...
Decision Made: 07-10-2014. Visa issued: 03-10-2014.
LANDED..........
15th November 2014
Hi all
I have got my money back already. Can I still appeal against the the decision made by the Canadian government to cancel all the applications submitted before feb 28 2008.
 
Feb 24, 2012
15
0
sheikh958 said:
Hi all
I have got my money back already. Can I still appeal against the the decision made by the Canadian government to cancel all the applications submitted before feb 28 2008.
Dear All Pre-February 2008 applicant,

Pls. Send at least one E-mail to International Human right organization
in protest of CIC's illegal termination of all pre-feb 2008 application.
Pls. pass this message to all the pre feb- 2008 applicants to whom
you know.

More over, If all the applicants can be united, it would be the best,
It would be the best if some how we can bring the attention of media,
So, Its not possible individually, may be we are from different nation,
But on this injustice we should be united, It would be better if we
can do this sort of step as early as possible.

Regards
 

cscfccphil

Newbie
Jul 19, 2013
2
0
That's a great idea..so pls give us the email add of international human rights organization.

Also, some said we will sue in court the CIC due to the backlog.
 

pranx125

Star Member
Jan 29, 2010
55
2
If all Pre-2008 applications are quashed then How come Recorded Entries for many litigants is still active on the Court Index,
we can still access them???? any guesses??.
 

gspreet

Star Member
Jul 24, 2009
122
3
Visa Office......
NDVO
NOC Code......
1123
Job Offer........
Pre-Assessed..
App. Filed.......
08 sep 2014
Nomination.....
PER 17 Dec 2014
Med's Request
22-04-2015
Med's Done....
28-04-2015
Passport Req..
10-06-2015 Submitted on 15-06-2015 Collected PP with VISA 26-06-2015
VISA ISSUED...
Yes
LANDED..........
06-09-2015
It will remain there for years... Not an issue.

pranx125 said:
If all Pre-2008 applications are quashed then How come Recorded Entries for many litigants is still active on the Court Index,
we can still access them???? any guesses??.
 
Feb 24, 2012
15
0
cscfccphil said:
That's a great idea..so pls give us the email add of international human rights organization.

Also, some said we will sue in court the CIC due to the backlog.
Dear All Pre-feb 2008 applicant,

Here are some ID, Pls. send to below ID-
Press-Info@ohchr.org, gmagazzeni@ohchr.org, info@ihrchq.org,CivilSociety@ohchr.org, dfa@ihrchq.org,
Chris.Alexander@parl.gc.ca

Pls. send the below quoted paragraph to Hon.
Immigration minister Mr. Alexender
XXXXXXXXXXXXXXXX Quoted XXXXXXXXXXXXXXXXXXXXX

Hon Minister,
This is refer to your discussion on Power and Politics, when you defended fellow conservative MPs, James Bezan and Shelly Glover in regards to their 2011 election returns and allegations regarding expense over the legal limit in violation of the Elections Act, stating that Elections Canada retroactively revised certain requirements after the returns had been accepted. “. . . That is a principle of Canadian law that is sacrosanct,” said Alexander, “you can't revise things retroactively.”

Really?

What about your Conservative government's decision to terminate the Federal Skilled Worker immigration backlog of nearly 300,000 persons with applications dating as far back as 2004, retroactively? Immigration Minister Jason Kenney has argued that the purpose of eliminating the backlog is to ensure that newcomers meet Canada's current labour market needs and shortages.

Most immigration applicants are indeed concerned with processing timelines and employment opportunities but equally important to them is the certainty of selection. Certainty of selection, if the termination stands, legally and otherwise will be relegated to the scrapheap, replaced by a reality of looming retroactive whenever the perceived need arises.

This legal foundation in my mind is not sustainable as immigration categories will become moving targets like for these applicants who could not know for the past eight years, in some cases, what was going to come of their application. We are already dealing with the long shadow of disturbing Canadian demographics such as a 1.5 per cent declining fertility rate and so despite what some will have you believe, this is a serious blow to the integrity of our immigration system and government.

Integrity is the corner stone of good governance. We must strive to fashion our immigration law in a manner that preserves our international reputation as a country of invitation and openness and, at the same time, promotes economic, social and cultural nation building.

The matter remains in litigation before the Federal Court of Appeal and curiously despite what is at stake, the media spotlight and the contemplation of at least one Conservative parliamentarian has faded. Integrity and sacrosanctness are giving way to governmental administrative efficiency and now armed with a strong legal precedent of repugnant retroactive application in the immigration context Canadians in many aspects of their interaction with government may soon be asking what really is legally sacrosanct?

If a law can be made especially with the intention to apply it retrosepectively then why another law cannot be made to struck that law retrospectively? It is quite clear that 87.4(1) was made and passed in the parliament with prior intention to terminate backlog applications and then explanation was given that backlog applications were being terminated retrospectively according to the law and it was not illegal to do so. It is strange that a court or judge supports the malicious intent of a minister framing and forming a law to apply it retrospectively just to run away from the responsibility! If they can process newer applications, why not older?

You have created the backlog by accepting so many applications yourselves. Why are you now afraid to process the backlogged applicants? Will Canada become poor if just 2,80,000 backlogged applicants will reach Canada? Then why allowing so many refugees in Canada? Will Canada perish by just allowing a few innocent and skilled people because they have become a few years older!!!!! They will bring money to support them, will work, pay taxes, support housing (they may take houses on rent or buy on installments), and support Canadian economy in the long run. Don't see them as burden or competition. They are not threat to Canada or Canadian people or Canadian economy.

You have just made it a prestige issue and made an intention that you will not process the backlogged cases at all! May be due to litigation by some of them! They have challenged you and your ego and the credibilty of your system but that is just because they have lost patience seeing that you are processing the newer cases and ignoring them altogether and they have almost lost all hope.

What about those people who are so innocent that they have not joined the litigation and are still waiting patiently! Your fight can be with the litigants but not with the applicants. There must be many people who are still ready to wait if you assure to clear them in near or distant future. Some may having their last wish to reach Canada before death!

Now the problem is how to clear the backlogs. Engage more staff in different countries and clear all the backlogs! Show your intelligence, strength, and courage with dedication! Do not show your weakness and inability or your cunningness with inhuman tricks with power and force to shirk your responsibility and do not try to prove that it is according to the so called law framed by your malicious intent! The whole world can see through it!

What will they do if there has been a backlog of criminal cases in the court? Will they dismiss all the cases without trial and free all the criminals? Will they give the explanation that just to hear the future cases in a timely manner they have no other choice but to terminate the old cases and free all the criminals? Then why they are doing so with the innocent FSW applicants! Just because that they trusted you and waited patiently for so many years! The Judicial System of Canada must intervene and do the needful to process and clear all the backlog cases with dignity!

If a doctor admits some patients for surgery, takes advance, and assures them of fair and honest treatment and then refuses to give the treatment saying that he cannot treat or operate older patients, but he plans to terminate them or discharge them to leave them to their fate and gives explanation that he is terminating/discharging the older patients so that he may treat the newer patients in a timely manner; what will the law say? Can that doctor be allowed to make a law that the patients admitted before a certain date will be denied diagnosis and treatment and will be terminated? Will the law permit the doctor to do so and run away from his responsibilty and play with the innocent patients' lives like that? Then why a minister or court or judge is allowed to play with the lives of the innocent applicants?

It is unacceptable! because it is Unlawful! Inhuman! Anti-social!!!!! and it is disrespectful for Canada and Canadian Law! Section 87.4(1) must be struck down by Canadian Courts to save respect and grace of Canada and Canadian Law!

Let us see if any one in Canada can see this, accept this, and implement this with honesty!

Let us see if any one in Canada/Canadian government/Canadian Judicial System/CIC is intelligent, strong, and potent enough to support the truth for the sake of humanity and save the integrity and the sacrosanctity of Canadian Immigration System and Government!

Let us see and hope that it is Chris Alexander!!!!!

Then, He will be the real "Alexander the Great!!!!!"
XXXXXXXXXXXXXXXXXXXXXXUn quoted XXXXXXXXXXXXXXXXXXXXXXXXXXXXXX


Regards


Regards
 

jackdaw_flick

Star Member
Oct 6, 2011
66
0
bangladesh-canada2012 said:
Dear All Pre-feb 2008 applicant,

Here are some ID, Pls. send to below ID-
Press-Info @ ohchr.org, gmagazzeni @ ohchr.org, info @ ihrchq.org,CivilSociety @ ohchr.org, dfa @ ihrchq.org,
Chris.Alexander @ parl.gc.ca

Pls. send the below quoted paragraph to Hon.
Immigration minister Mr. Alexender
XXXXXXXXXXXXXXXX Quoted XXXXXXXXXXXXXXXXXXXXX

Hon Minister,
This is refer to your discussion on Power and Politics, when you defended fellow conservative MPs, James Bezan and Shelly Glover in regards to their 2011 election returns and allegations regarding expense over the legal limit in violation of the Elections Act, stating that Elections Canada retroactively revised certain requirements after the returns had been accepted. “. . . That is a principle of Canadian law that is sacrosanct,” said Alexander, “you can't revise things retroactively.”

Really?

What about your Conservative government's decision to terminate the Federal Skilled Worker immigration backlog of nearly 300,000 persons with applications dating as far back as 2004, retroactively? Immigration Minister Jason Kenney has argued that the purpose of eliminating the backlog is to ensure that newcomers meet Canada's current labour market needs and shortages.

Most immigration applicants are indeed concerned with processing timelines and employment opportunities but equally important to them is the certainty of selection. Certainty of selection, if the termination stands, legally and otherwise will be relegated to the scrapheap, replaced by a reality of looming retroactive whenever the perceived need arises.

This legal foundation in my mind is not sustainable as immigration categories will become moving targets like for these applicants who could not know for the past eight years, in some cases, what was going to come of their application. We are already dealing with the long shadow of disturbing Canadian demographics such as a 1.5 per cent declining fertility rate and so despite what some will have you believe, this is a serious blow to the integrity of our immigration system and government.

Integrity is the corner stone of good governance. We must strive to fashion our immigration law in a manner that preserves our international reputation as a country of invitation and openness and, at the same time, promotes economic, social and cultural nation building.

The matter remains in litigation before the Federal Court of Appeal and curiously despite what is at stake, the media spotlight and the contemplation of at least one Conservative parliamentarian has faded. Integrity and sacrosanctness are giving way to governmental administrative efficiency and now armed with a strong legal precedent of repugnant retroactive application in the immigration context Canadians in many aspects of their interaction with government may soon be asking what really is legally sacrosanct?

If a law can be made especially with the intention to apply it retrosepectively then why another law cannot be made to struck that law retrospectively? It is quite clear that 87.4(1) was made and passed in the parliament with prior intention to terminate backlog applications and then explanation was given that backlog applications were being terminated retrospectively according to the law and it was not illegal to do so. It is strange that a court or judge supports the malicious intent of a minister framing and forming a law to apply it retrospectively just to run away from the responsibility! If they can process newer applications, why not older?

You have created the backlog by accepting so many applications yourselves. Why are you now afraid to process the backlogged applicants? Will Canada become poor if just 2,80,000 backlogged applicants will reach Canada? Then why allowing so many refugees in Canada? Will Canada perish by just allowing a few innocent and skilled people because they have become a few years older!!!!! They will bring money to support them, will work, pay taxes, support housing (they may take houses on rent or buy on installments), and support Canadian economy in the long run. Don't see them as burden or competition. They are not threat to Canada or Canadian people or Canadian economy.

You have just made it a prestige issue and made an intention that you will not process the backlogged cases at all! May be due to litigation by some of them! They have challenged you and your ego and the credibilty of your system but that is just because they have lost patience seeing that you are processing the newer cases and ignoring them altogether and they have almost lost all hope.

What about those people who are so innocent that they have not joined the litigation and are still waiting patiently! Your fight can be with the litigants but not with the applicants. There must be many people who are still ready to wait if you assure to clear them in near or distant future. Some may having their last wish to reach Canada before death!

Now the problem is how to clear the backlogs. Engage more staff in different countries and clear all the backlogs! Show your intelligence, strength, and courage with dedication! Do not show your weakness and inability or your cunningness with inhuman tricks with power and force to shirk your responsibility and do not try to prove that it is according to the so called law framed by your malicious intent! The whole world can see through it!

What will they do if there has been a backlog of criminal cases in the court? Will they dismiss all the cases without trial and free all the criminals? Will they give the explanation that just to hear the future cases in a timely manner they have no other choice but to terminate the old cases and free all the criminals? Then why they are doing so with the innocent FSW applicants! Just because that they trusted you and waited patiently for so many years! The Judicial System of Canada must intervene and do the needful to process and clear all the backlog cases with dignity!

If a doctor admits some patients for surgery, takes advance, and assures them of fair and honest treatment and then refuses to give the treatment saying that he cannot treat or operate older patients, but he plans to terminate them or discharge them to leave them to their fate and gives explanation that he is terminating/discharging the older patients so that he may treat the newer patients in a timely manner; what will the law say? Can that doctor be allowed to make a law that the patients admitted before a certain date will be denied diagnosis and treatment and will be terminated? Will the law permit the doctor to do so and run away from his responsibilty and play with the innocent patients' lives like that? Then why a minister or court or judge is allowed to play with the lives of the innocent applicants?

It is unacceptable! because it is Unlawful! Inhuman! Anti-social!!!!! and it is disrespectful for Canada and Canadian Law! Section 87.4(1) must be struck down by Canadian Courts to save respect and grace of Canada and Canadian Law!

Let us see if any one in Canada can see this, accept this, and implement this with honesty!

Let us see if any one in Canada/Canadian government/Canadian Judicial System/CIC is intelligent, strong, and potent enough to support the truth for the sake of humanity and save the integrity and the sacrosanctity of Canadian Immigration System and Government!

Let us see and hope that it is Chris Alexander!!!!!

Then, He will be the real "Alexander the Great!!!!!"
XXXXXXXXXXXXXXXXXXXXXXUn quoted XXXXXXXXXXXXXXXXXXXXXXXXXXXXXX


Regards


Regards

Dear Bangladesh Canada bhia,

So as per your proposal is it possible
that we all Bangladeshi applicant can b e united & we can try send
this news to local media also.

Badal Bhai post some nice draft we can send this draft to every where
------------------------------- quoted--------------------------------------------
Dear Sir,
This is to bring into your notice the repeated violation of human rights by the present Canadian government and for that we, about 280,000 people of different nationalities are suffering. As said in your website (quote) Human rights are inalienable. They should not be taken away.. (unquote), we are making appeal to you kindly extend your support to stop that injustice.
We applied for Canadian immigration during 2006 and paid required fees. First on 28 Nov 2008 Canadian Hon. Immigration Minister issued notice (quote) ...All applications and requests made prior to February 27, 2008, shall be processed in the manner existing at the time of application. ................... Federal skilled worker applications submitted on or after February 27, 2008, and that meet the following criteria shall be placed into processing immediately upon receipt(unquote) that instruction was not Equal but discriminatory. That instruction clearly violated the Article 1 of the Universal Declaration of Human Rights: “All human beings are born free and equal in dignity and rights.” Our files were kept un-processed but who applied later got processed their files and landed already in Canada.
Last year the Hon Minister announced to terminate the cases of about 90,000 files corresponding to about 280,000 people are affected. Unfortunately that decision was taken after keeping them waiting for about 6 years. Interestingly applicants applied later are kept to process. We suffered psychologically, financially but no compensation was offered to us only processing fees to be returned but actually we spent additionally to prepare and to submit the documents, more over for our sufferings including our children. A clause of Human Rights is (quote) Interdependent and indivisible - All human rights are indivisible, whether they are civil and political rights, such as the right to life, equality before the law and freedom of expression; economic, social and cultural rights, such as the rights to work, social security and education , or collective rights, such as the rights to development and self-determination, are indivisible, interrelated and interdependent. The improvement of one right facilitates advancement of the others. Likewise, the deprivation of one right adversely affects the others. (unquote). We found most of our files were assessed during the year 2010 and given points making us qualified to obtain Canadian Permanent Residency but because of the delay by the visa officer our file processing were not completed – question is if the delay was made by the visa officers why we have to suffer and visa officers will go un-punished? To avoid the delay Canada government may provide more officials and extra cost could be taken from the all applicants.
Thank you for agreeing that it is clearly violation of human rights to cancel the applications applied first but keeping those who applied later.
Honourable High Commissioner, we appeal to you on behalf of those 280,000 affected people, two third are women and children to protect our rights by contacting the Canadian government and issue a statement to condemn the Human Rights violations, request to cancel the unfair decision and to re-open our cases. We are waiting for the last 7 years, we suffered heavily and now want justice.
Thank you Sir for your kind time and efforts to bring the justice.
Yours Truly,
--------------------------------Unquted---------------------------------------------