Federal Skilled Worker Class Action Lawsuit

[warmest]

By saying all these, please do not get an impression that I am against the non-litigant applicants. I really care for them. I am sure if the non-litigants do not join any of the litigations, then their applications will be terminated and fees refunded.

Ideally speaking, CIC should have processed each and every application it has received. CIC cannot term a particular group of applications as 'backlog' and warehouse it. It is not fair on CIC's part. By doing this, CIC is wrong. The court has already taken note of it. CIC is adamant, rude and careless. It has to be punished by the court. No doubt about it. It can only be our wishes. We can only wish that the court has to ask CIC to process all the applications including those of non-litigants. But who cares for our wishes. Wishes will only remain as wishes. No action will be taken. The government has enacted a law to clear the backlog and refund the fees. This is the weapon CIC has taken in its hands to attack the applicants. Now the applicants should defend themselves, otherwise they will get murdered. The choice is ours, whether to defend or to get murdered. Non-litigant applicants who are in deep slumber, it is time to wake up. Take care of yourselves. Help yourselves. We cannot help you because Justice Barnes will not certify a class action. It is you, and it is only going to be you, who will make your destiny. Let the wise senses prevail.

 

[warmest]

In this post, let me deal with my point 3:
(3) I guess, before the next hearing of 'class action certification' comes before Justice Barnes in November 2012, CIC would have completed sending the cheques to the non-litigants. But CIC or the court will not know by then how many of the cheques are going to be encashed. Justice Barnes will only hear the arguments of both side lawyers and will not rule anything on that day. He will ask the lawyers to submit their written arguments and will call for a conference at a much later date, probably in December. Following this will be a series of meetings, conferences, hearings, submissions, adjournments, etc, etc. After all these, in March or June 2013, he will give his decision that the litigation will only be case managed and will not be a class-action. After this decision, the files will be case managed and it may take more than a year to get the final decision.

(4) ... (in my next posting, which will be after quite some time ;D :-*)

 

[sbernados]

does anyone here applied under simplified process? we applied Dec 2006 under simplified form. Does it means, its useless to get CAIPS right? we never got any request of docs from VO ever since we received the acknowledgement on JAN 2007.

 

[sac]

does anyone here applied under simplified process? we applied Dec 2006 under simplified form. Does it means, its useless to get CAIPS right? we never got any request of docs from VO ever since we received the acknowledgement on JAN 2007.

sbernados: i applied under the simplified application process on january 2008 and received my AOR on February 5, 2008. then i got a letter from VO Manila inquiring if I am still interested to pursue my immigration application so that if not, then i can ask for refund and VO Manila will process it within 60 days. And that if I am still interested to carry out my application, then i do not need to respond at all. Since I wasn't interested for the discontinuation of my immigrant application, i did not respond. since then, i got no communication from VO Manila up to now.

 

[erdavid]

does anyone here applied under simplified process? we applied Dec 2006 under simplified form. Does it means, its useless to get CAIPS right? we never got any request of docs from VO ever since we received the acknowledgement on JAN 2007.

hi sbernados,
i think our state would be the same. i recived Manila VO acknowledgement May 2007 and requested for CAIPS notes last August 2012. The total grid points is ZERO and only my age have points in it. i got NO request to update my documents as well. this is only my assessment as for your state.

regards, erdavid

 

[avijitsg]

Hi Everyone,
Please help me to understand what does the following means:

COURT INDEX AND DOCKET
2012-09-18

Letter advising that no decision exist on file for termination under S.87.4(1)IRPA sent by HCC, Singapore on 18-SEP-2012 pursuant to Rule 9(2) Received on 18-SEP-2012

Thanks

 

[warmest]

avijitsg: It means that the Federal Court of Canada, which is handling your litigation, has received a letter from The High Commission of Canada in Singapore stating that your FSW application has been terminated by operation of law since a decision based on FSW program selection criteria was not made on your application by an immigration officer before March 29, 2012.

Never mind. Don't take this termination of your application seriously, because you are a litigant. Litigants are protected. CIC has promised the court that the litigants' files won't be closed till the court rules its decision.

Please keep us updated if you receive the refund cheque from CIC. This is most unlikely because we are litigants and CIC might not send refund cheques to we litigants.

 

[sac]

avijitsg: It seems that your FSW application has been terminated by operation of law since a decision based on FSW program selection criteria was not made on your application by an immigration officer before March 29, 2012.

Never mind. Don't take this termination of your application seriously, because you are a litigant. Litigants are protected. CIC has promised the court that the litigants' files won't be closed till the court rules its decision.

Please keep us updated if you receive the refund cheque from CIC. This is most unlikely because we are litigants and CIC might not send refund cheques to we litigants.

warmest: would managed litigation be a better way to go than class action suit?

 

[annel]

Dear Warmest,

Please share with us your job title? why i'm asking is because i had exactly the same query with regards to the court case and my attorney gave me a total different answer you are giving in this forum. Please respond, below is my request tot he attorney and in turn their response:

Letter advising that no reasons exist on the application terminated under S.87.4(1) sent by HCC, Pretoria, South Africa on 15-AUG-2012 pursuant to Rule 9(2) Received on 15-AUG-2012

Preliminarily, we believe it may be a sign that your application has reached a selection decision and therefore will not be closed under the backlog reduction plan. However, this is not yet certain.

 

[SG57]

Dear All,

I am new to this forum. My AOR is Feb2006 - London Visa office. All these while they were updates and verification of my credentials. On 30th May 2012 I received a request for update of forms and police clearence certificates for self and dependants which I have sent them within 60days. On 1st October 2012 I sent them a mail asking for the status. I received the following reply.

Dear Sir/Madam,

This is in response to your query of 01 October, 2012.

The Jobs, Growth and Long-term Prosperity Act became law on June 29, 2012. Under this legislation, Federal Skilled Worker (FSW) applications made before February 27, 2008 were terminated by operation of law if a decision based on FSW program selection criteria had not been made by an immigration officer before March 29, 2012.

Upon review of your application, it appears that a selection decision was not made before March 29, 2012, and that your application has been terminated by operation of law. No further action should be taken on your part. You will be contacted regarding next steps at a later date.

For more information on the Jobs, Growth and Long-term Prosperity Act please refer to the Citizenship and Immigration website at:

The medical papers were sent to you on 04 October 2012. Please do not go ahead with your medical examinations, or collect police certificates.

I sent them another mail asking for clarifications:

They confirmed their decision that my eligibility was determined only on 30th May 2012 so my application was terminated. In that case I do not understand why they sent the Medicals on 4th October 2012 which I have received now.

I would appreciate if you could let me know what I should do at this stage.

If I need to join the litigation, please let me know the contact details. I came to know about this act only now.

Thanks & God bless

 

[warmest]

warmest: would managed litigation be a better way to go than class action suit?

sac: Both case managed litigation and class action lawsuit have their own pros and cons. They are approached differently by the court and serve different purposes altogether. When it comes to specifically our litigation, it is better for our lawyers, CIC and the court if it is a case managed litigation because they need not have to cater to the needs of the non-litigants. For the litigants of the case managed litigation, a favourable decision will be a double blessing because they will not only get their files processed but very quickly as well. Regardless of whether the litigant waited in the queue for 4 years or 8 years, the file will be processed in 2 to 6 months. But for the non-litigants they will gain nothing except the refund of their application fees.

If it is a class action lawsuit, it is the non-litigants who gain the most because they do not pay any legal fees or do not make any effort at all. A free ride/meal for them. CIC will be the most affected because they will have to process everyone's files in a timely fashion. If ordered by the court to pay damages/compensation to all the applicants, then they will have to shell out a lot of money. Since it is a government department it will not go bankrupt. The damage will be hefty, no doubt about it. It will make a big dent in their finances. For the litigants and their lawyers, it will just be a welcome decision but not a great victory to cherish.

According to me, case managed litigation is better than class action lawsuit. In the present scenario, class action lawsuit might not be certified by Justice Barnes and at the end it will turn out to be a case managed litigation. Who knows, only time can tell. Let us wait and see.

 

[warmest]

Dear Warmest,

Please share with us your job title? why i'm asking is because i had exactly the same query with regards to the court case and my attorney gave me a total different answer you are giving in this forum. Please respond, below is my request tot he attorney and in turn their response:

Letter advising that no reasons exist on the application terminated under S.87.4(1) sent by HCC, Pretoria, South Africa on 15-AUG-2012 pursuant to Rule 9(2) Received on 15-AUG-2012

Preliminarily, we believe it may be a sign that your application has reached a selection decision and therefore will not be closed under the backlog reduction plan. However, this is not yet certain.

annel: I really doubt the date '15-Aug-2012' in your posting. It could not be that early. Even the phrasing is fishy. What is your Court Number? Even your lawyer's reply does not sound professional. Ascertain things at your end. Thanks.

 

[warmest]

Dear All,

I am new to this forum. My AOR is Feb2006 - London Visa office. All these while they were updates and verification of my credentials. On 30th May 2012 I received a request for update of forms and police clearence certificates for self and dependants which I have sent them within 60days. On 1st October 2012 I sent them a mail asking for the status. I received the following reply.

Dear Sir/Madam,

This is in response to your query of 01 October, 2012.

The Jobs, Growth and Long-term Prosperity Act became law on June 29, 2012. Under this legislation, Federal Skilled Worker (FSW) applications made before February 27, 2008 were terminated by operation of law if a decision based on FSW program selection criteria had not been made by an immigration officer before March 29, 2012.

Upon review of your application, it appears that a selection decision was not made before March 29, 2012, and that your application has been terminated by operation of law. No further action should be taken on your part. You will be contacted regarding next steps at a later date.

For more information on the Jobs, Growth and Long-term Prosperity Act please refer to the Citizenship and Immigration website at:

The medical papers were sent to you on 04 October 2012. Please do not go ahead with your medical examinations, or collect police certificates.

I sent them another mail asking for clarifications:

They confirmed their decision that my eligibility was determined only on 30th May 2012 so my application was terminated. In that case I do not understand why they sent the Medicals on 4th October 2012 which I have received now.

I would appreciate if you could let me know what I should do at this stage.

If I need to join the litigation, please let me know the contact details. I came to know about this act only now.

Thanks & God bless

SG57: Do not worry. You may immediately contact my lawyer Tim Leahy at
Address: 45 Sheppard East, Suite 900, Toronto, Ontario, Canada M2N 5W9
Telephone: +1 416 226 9889
Fax: +1 416 226 2882
Email: contact@unfairCIC.com

 

[SG57]

I request the members to let me know which law firm I should choose and the cost of the same. I have spent a lot of money last 6.5 years and do not like to spend further.

Thank you.

 

[annel]

Warmest, my attorney is DAVID COHEN. thanks for your feedback however i think i would rather stick to information from David Cohen than a forum member who clearly don't know what he is talking about.

I don't think the date makes much of a difference. The contents of the sentence matters and in this case match with Avijitsg query.

Please double check your information before advising other members.