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Federal Skilled Worker Class Action Lawsuit

hopeful4

Hero Member
Sep 2, 2012
344
12
Category........
Visa Office......
vienna
NOC Code......
4012
Job Offer........
Pre-Assessed..
App. Filed.......
28-9-2007
Doc's Request.
10-3-2010
AOR Received.
18-1-2008
IELTS Request
10-3-2010
File Transfer...
17-5-2012
Med's Request
18-3-2013
Med's Done....
21-3-2013
Passport Req..
16-4-2013
VISA ISSUED...
26-4-2013
LANDED..........
June-July 2013
sg57 your best solution is to contact Tim leahy and tell him about your case and do that as soon as possible. Tim is much more responsive than Cohen and he will give you full attention. He charges less too 400 versus 500 of Cohen
 

sac

Star Member
Sep 20, 2012
125
4
Manila
Category........
Visa Office......
Manila
NOC Code......
0423
Job Offer........
Pre-Assessed..
App. Filed.......
29-01-2008
AOR Received.
28-05-2008
hopeful4 said:
sg57 your best solution is to contact Tim leahy and tell him about your case and do that as soon as possible. Tim is much more responsive than Cohen and he will give you full attention. He charges less too 400 versus 500 of Cohen
hello sg57: yes, contact tim leahy. he is indeed more responsive than the other lawyers. he is very kind. i can guarantee you that. when you contact him, tell him you are recommended by me. my name is sam cuarto
 

hopefulever

Hero Member
Feb 11, 2012
327
2
Category........
Visa Office......
NDLS
NOC Code......
4131
Job Offer........
Pre-Assessed..
App. Filed.......
10-07-2004
Doc's Request.
Nov 2008
Hi Sac, according to your assment what time frame in months , litigation will take from now to finalise. what is the differance in time lines for litigants who joined before june 2012 and after tht.? is it one and same thing.
 

avijitsg

Full Member
Sep 23, 2012
37
0
Dear warmest
Thanks for your information. Yes, we all are keep in touch here to get or to inform any news or development we got.
Thank you once again for the explanation.
 

avijitsg

Full Member
Sep 23, 2012
37
0
When I checked my application status on the CIC website, I got status "In process". Are you all getting the same? Please share. Thanks
 

hopeful4

Hero Member
Sep 2, 2012
344
12
Category........
Visa Office......
vienna
NOC Code......
4012
Job Offer........
Pre-Assessed..
App. Filed.......
28-9-2007
Doc's Request.
10-3-2010
AOR Received.
18-1-2008
IELTS Request
10-3-2010
File Transfer...
17-5-2012
Med's Request
18-3-2013
Med's Done....
21-3-2013
Passport Req..
16-4-2013
VISA ISSUED...
26-4-2013
LANDED..........
June-July 2013
yes all of us still have their files in processs
 

sac

Star Member
Sep 20, 2012
125
4
Manila
Category........
Visa Office......
Manila
NOC Code......
0423
Job Offer........
Pre-Assessed..
App. Filed.......
29-01-2008
AOR Received.
28-05-2008
my ECAS shows that my file is still in process. my feeling is that until the federal court renders its decision as regards the class action suit, our files, though closed through the operation of law, would be kept by CIC for two years and not destroyed. but the refunds of the application fees shall be done.

atty tim leahy advises that refunds are to be accepted and encashed. BUT, make sure you signed your check at the back with: "Refund Accepted Under Protest. I still want my file [file number] processed." Then sign the check over your name written clearly.

Good luck everyone. It is not the end of the road for us. One option is to file a new application by 2013. if not, I assume that we are doing quite okay in our respective countries of residence.
 

kiwi1

Star Member
Jun 9, 2012
190
3
Job Offer........
Pre-Assessed..
I have the same entry now [2-10-2012] in my fed court docket......

annel said:
I've just been on the court index to see the latest, who can tell me what this mean?

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
 

warmest

Hero Member
Oct 11, 2012
494
13
Mumbai
Category........
Visa Office......
New Delhi, India
NOC Code......
0211
Job Offer........
Pre-Assessed..
App. Filed.......
12 Mar 2005
Doc's Request.
Submitted along with application
AOR Received.
04 Jun 2005
IELTS Request
Submitted in Jul 2005
warmest said:
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.
Posted by: 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.


annel: It has been about 2 months since the court recieved a letter from your visa office (HCC at Pretoria in South Africa). Have you not checked with your lawyer of late? You are still quoting him as saying "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. ".

Why not you check again with your lawyer of what he thinks of it now and keep our forum members informed?

I clearly know of what I am talking about. But, it is only for you to check with your lawyer of whether he is certain about what he thinks and clear about what he talks. Even after a lapse of 2 months if he is still speculating, then it is for you to decide of what to do next. Best wishes.
 

warmest

Hero Member
Oct 11, 2012
494
13
Mumbai
Category........
Visa Office......
New Delhi, India
NOC Code......
0211
Job Offer........
Pre-Assessed..
App. Filed.......
12 Mar 2005
Doc's Request.
Submitted along with application
AOR Received.
04 Jun 2005
IELTS Request
Submitted in Jul 2005
avijitsg said:
Dear warmest
Thanks for your information. Yes, we all are keep in touch here to get or to inform any news or development we got.
Thank you once again for the explanation.
Dear avijitsg, you are welcome. :)
 

warmest

Hero Member
Oct 11, 2012
494
13
Mumbai
Category........
Visa Office......
New Delhi, India
NOC Code......
0211
Job Offer........
Pre-Assessed..
App. Filed.......
12 Mar 2005
Doc's Request.
Submitted along with application
AOR Received.
04 Jun 2005
IELTS Request
Submitted in Jul 2005
avijitsg said:
When I checked my application status on the CIC website, I got status "In process". Are you all getting the same? Please share. Thanks
My ECAS also shows that my file is still in process.
 

warmest

Hero Member
Oct 11, 2012
494
13
Mumbai
Category........
Visa Office......
New Delhi, India
NOC Code......
0211
Job Offer........
Pre-Assessed..
App. Filed.......
12 Mar 2005
Doc's Request.
Submitted along with application
AOR Received.
04 Jun 2005
IELTS Request
Submitted in Jul 2005
kiwi1 said:
I have the same entry now [2-10-2012] in my fed court docket......
Litigants are increasingly seeing such an entry with a date from mid September 2012 onwards in their court dockets. Never with a date of August 2012. Strange that annel has got the date as 15-Aug-2012!
 

warmest

Hero Member
Oct 11, 2012
494
13
Mumbai
Category........
Visa Office......
New Delhi, India
NOC Code......
0211
Job Offer........
Pre-Assessed..
App. Filed.......
12 Mar 2005
Doc's Request.
Submitted along with application
AOR Received.
04 Jun 2005
IELTS Request
Submitted in Jul 2005
Here is an update of the previous posting of Bellissimo in his website. The key information to note now is the number of litigants (over 1100) they represent.


Thursday, September 20th, 2012
Update: FSW Backlog Stay Heard in Ottawa September 18, 2012

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.
 

warmest

Hero Member
Oct 11, 2012
494
13
Mumbai
Category........
Visa Office......
New Delhi, India
NOC Code......
0211
Job Offer........
Pre-Assessed..
App. Filed.......
12 Mar 2005
Doc's Request.
Submitted along with application
AOR Received.
04 Jun 2005
IELTS Request
Submitted in Jul 2005
Here is one another update from Bellissimo's website.

Tuesday, October 16th, 2012
Reply Memorandum Filed in Representative Case on October 12th, 2012

Bellissimo Law Group and Campbell Cohen filed its reply memorandum its lead case. Counsel are seeking by way of motion the opportunity to cross examine Immigration Canada Officials and to file additional affidavits. In addition counsel filed its Certification Motion on October 15th, 2012. The motion will be heard on November 23rd, 2012 in Toronto.
 

warmest

Hero Member
Oct 11, 2012
494
13
Mumbai
Category........
Visa Office......
New Delhi, India
NOC Code......
0211
Job Offer........
Pre-Assessed..
App. Filed.......
12 Mar 2005
Doc's Request.
Submitted along with application
AOR Received.
04 Jun 2005
IELTS Request
Submitted in Jul 2005
warmest said:
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: For your benefit, I obtained this following information from a posting made by someone on 26 Aug 2012 in one another Canada Immigration forum (immigration.ca/forum/forum_posts.asp?TID=17&PN=1721&title=chc-delhi-2004-applicants). Hope it helps.

There are lot of Immigration lawyers in canada. But the top most Creamy lawyers which are acting & had acted aggressivly are:

1. Tim Leahy http://www.unfaircic.com/index.html
2. Bellissimo Law group http://www.bellissimolawgroup.com/
3. Campbell Cohen find them on http://www.canadavisa.com/

4. Lorne Waldman $500 http://www.lornewaldman.ca/

Waldman is the leader of this group. He bargained with CIC for 90 days.
Tim Leahy is the lawyer who won the case in 2003. And in 2012, he CLEAN BOLD the CIC & Kenney injustice.
You can search them on google, as I did.

Rest of all follow them.


Now you have to decide, that with which lawyer you want to go with. I had mentioned List of all lawyers here, because some persons are questioning about Transparency. I dont know that they are wrong or right. If they are members of our association & had contributed us, then they had right to get clarification. Either from Coordinator or on Facebook. On some points I agree with them.

If anybody want to file their litigation directly, he can contact them directly. Our main agenda is to fight against injustice of Kenney & CIC and file maximum litigation. This will clear some members question.