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Federal Skilled Worker Class Action Lawsuit

warmest

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From the following information posted by CIC in its website on 12 Oct 2012, note the number of principal applicants.

Backgrounder — Frequently asked questions: Fee Returns for Federal Skilled Worker applicants
The content below is offered in PDF format. For more information or to download the appropriate viewer, check the Help page.

Q1: How will I know if I am affected by the Jobs, Growth and Long-Term Prosperity Act and if I am entitled to having my fees returned?
If you applied before February 27, 2008, and have not heard from CIC about whether a decision based on Federal Skilled Worker (FSW) program selection criteria was made on your application, you could be affected by this new law. CIC encourages those in this situation to fill out this online form (PDF, 1.4 MB) so that their fee return – if they are part of the affected group – can be processed.

If you send us the form and you are not affected by the law, we will advise you that you are not on the list of affected individuals. In that case, processing of your FSW application will continue and you will not receive a fee return.

Q2. How many people will you be returning fees to?
CIC will be returning application processing fees and Right of Permanent Residence Fees (where paid) to approximately 100,000 principal applicants on behalf of themselves, their spouses and dependants. (*Note that the Right of Permanent Residence Fee was formerly called the Right of Landing Fee.)

Q3. Is there any reason why I wouldn't get my fees returned?
The new law affects FSW applicants who applied before February 27, 2008, did not have a decision based on selection criteria before March 29, 2012, and whose cases were not finalized by June 29, 2012. If an immigration officer refused your application before the law came into force on June 29, 2012, you will not get your money back.

Q4. How do I get my fee return?
Please submit this form (PDF, 1.4 MB) including your current contact information. Upon receipt of your form, CIC's centralized task force in Ottawa will ensure the mailing address provided is used to mail your cheque. The cheque will be issued in the appropriate currency known to be cashable in your country of residence. The final amount will be based on the exchange rate on the date of cheque issuance.

Q5. How long will it take for me to get my cheque?
Given the number of people affected and the verification processes required to ensure due diligence, CIC expects that it will take some time to process all fee returns, with the majority issued in the first year. We appreciate your patience.

Q6. What if my cheque gets lost in the mail?
Please be assured that all the necessary steps in Canada will be taken to ensure that they successfully reach the intended recipients. We are not responsible if applicants do not provide us with their updated mailing address. While every effort will be made to get cheques to intended recipients, we cannot be responsible for the mail delivery services of other countries.

Please be patient and wait at least six months from the date the form was sent to CIC before inquiring about a possible lost cheque. This is to account for issuance and mailing delivery delays.

Q7. Can I request to have the fee put toward a new application?
No, individuals affected by the new law who wish to submit a new application under the current criteria for the Federal Skilled Worker Program (or any other immigration program) must submit new documentation and fees.
 

warmest

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Oct 11, 2012
494
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Submitted along with application
AOR Received.
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IELTS Request
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CIC says the number of principal applicants is about 100,000.
The number of litigants Tim Leahy has is over 1300.
The number of litigants Bellissimo and Campbell Cohen have together is over 1100.
Other lawyers ...? how many litigants ...?

Forum members please update, if you know.

At the time of Certification Hearing in November 2012, we may know the figures roughly.
 

warmest

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My guess is if the number of litigants exceed the 5 figure mark (i.e., 10,000) before the Certification Hearing in November 2012, then there is atleast a chance that Justice Barnes might consider certifying class action. But note that the over 1300 litigants that Tim Leahy represent are not part of the class action litigation, untill Justice Barnes rules against Tim's motion. Very tricky to foretell.
 

annel

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Warmest, are you assuming that i'm lying. At bottom is a post from the court. Once i've seen the update i've queried it with the Lawyer and as you and everone else knows it take a few days for Embassy's to respond and the reply i've given from DAVID COHEN is the one i've received last week.
In my opinion you are posting old news just to get recognised in this forum. You are posting information which your receive from other forum members. Please STOP attacking me personally or i will ask DAVID COHEN who is the web master of this web site to have you removed.

Proceeding Category : Immigration Leave & Judicial Review Nature : Imm - Appl. for leave & jud. review - Arising outside Canada
Type of Action : Non-Action

( 6 records found )
Doc Date Filed Office Recorded Entry Summary
- 2012-08-15 Ottawa 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

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Oct 11, 2012
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12 Mar 2005
Doc's Request.
Submitted along with application
AOR Received.
04 Jun 2005
IELTS Request
Submitted in Jul 2005
annel said:
Warmest, are you assuming that i'm lying. At bottom is a post from the court. Once i've seen the update i've queried it with the Lawyer and as you and everone else knows it take a few days for Embassy's to respond and the reply i've given from DAVID COHEN is the one i've received last week.
In my opinion you are posting old news just to get recognised in this forum. You are posting information which your receive from other forum members. Please STOP attacking me personally or i will ask DAVID COHEN who is the web master of this web site to have you removed.

Proceeding Category : Immigration Leave & Judicial Review Nature : Imm - Appl. for leave & jud. review - Arising outside Canada
Type of Action : Non-Action

( 6 records found )
Doc Date Filed Office Recorded Entry Summary
- 2012-08-15 Ottawa 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
I find no one in this forum asking for other's personal details except you. It was you who was asking me to share my job title. You are not here to judge me. I am not here in want of any recognition. I am here to give my two cents. And take two cents from here, if possible. If you feel I am posting old news, just ignore them. It will be better for all of our forum members if you can post NEW news. Go ahead and just do it, if you can. No one is stopping you.

I again feel it will be better if you can check with your lawyer of what he thinks now about the letter the court received from your visa office on 15-Aug-2012. If you keep our forum members informed of the same, then it will be welcome and you will also be recognised by the forum members. All the best.

This is the last time I am responding to you. Hereafter, I have decided to ignore you because I feel you do not deserve my time. Best wishes.
 

kiwi1

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Jun 9, 2012
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http://www.thetelegram.com/Canada---World/Business/2012-10-04/article-3092870/New-report-says-Tories-immigration-policy-too-focused-on-short-term-gains/1
 

farmerofthedell

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Jun 21, 2012
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annel: Have you received a request for update from CIC, and if so, have you sent the docs requested? Based on your sig, I believe you submitted as FSW-SAP, and based on the CIC website, the Pretoria backlog is 7.25 years long, so the last FSW files processed would probably be mid-2005.

sac: I suggest don't deposit or encash the check. Justice Barnes has not published his decision regarding allowing refund receivers to repay if he rules in litigants' favor.
 

warmest

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Thanks hopeful4 for letting the forum members know about this. Dear forum members, beware of fradulent lawyers. Please choose a lawyer whose activities are transparent and who clarifies all your doubts. We all work hard and earn our money. With that we make some savings and aspire to migrate to a new world hoping for a better future for us and our dependents. But some lawyers want to make quick money by cheating us. Hence be very careful while choosing your lawyer. Keep in touch with your lawyer as much as possible and get updated every now and then, just for your own good. If possible, keep the forum members informed so that the forum members do not fall a prey to cheats. By this, you will be doing a yeoman service to the forum members.
 

warmest

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Yes, I have heard about him from one another Canada Immigration forum. There are lot of discussions going on in that forum on how some applicants have been duped.
 

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
If I remember correctly, for the second litigation group, Rotenberg is filing cases accepted through CanadaClassAction.com, but they update clients using either Bellissimo or Cohen -- I forget which one. I believe Cohen has consolidated his cases with Bellissimo, and it seems that only Waldman does not have any consolidation (if so, probably because of the differing opinion regarding the injunction). And that is why there are still two representative cases. I'm not a lawyer, but just putting two and two together based on available web material.
 

warmest

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Hi guys,

If you have filed your application with CIC through an agent then approach your agent and check with them whether they have an arrangement with Tim Leahy. This will help you save some money. I am part of a group who took the service of Tim in the very begining of his litigation, way back in mid-2011. Our files were filed in the court by Tim in the last quarter of 2011 and we were provided with our court numbers immediately.
 

annel

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May 7, 2010
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farmerofthedell said:
annel: Have you received a request for update from CIC, and if so, have you sent the docs requested? Based on your sig, I believe you submitted as FSW-SAP, and based on the CIC website, the Pretoria backlog is 7.25 years long, so the last FSW files processed would probably be mid-2005.

sac: I suggest don't deposit or encash the check. Justice Barnes has not published his decision regarding allowing refund receivers to repay if he rules in litigants' favor.
Dear farmerofthedell, No request for updated docs, that is why i personally believe that my file would be one of the unfortunates to be returned, however according to David Cohen's office it might not. One can only be hopefull. I'm keeping my fingers crossed for November's hearing.
 

annel

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hopeful4 said:
My friends pied him two months ago to join the lawsuit but their names never appeared on the court site. IT seems that he practices fraud. He keeps telling them the court does not update its site though the site is updated daily

DO you know him?
Dear Hopeful4, i can vouch that the court does not update their system regular. I check mine everyday and it seems to stay the same for days. Unless you use another web site. I use http://cas-ncr-nter03.cas-satj.gc.ca/IndexingQueries/infp_queries_e.php?stype=party&select_court=T

I also tried to join Tim, but this is the reply i received from him.From: Tim Leahy <TEL @ unfairCIC.com>
Subject: ***12
To: "
Date: Wednesday, October 10, 2012, 3:25 PM


Dear,


After replying, I checked your name in the Federal Court index and found your file. So, now I have the answer.


As you have chosen to have Mario Bellissimo litigate your case, it would be inappropriate for me to give you any advice. I would, therefore, suggest that you redirect your questions either to Mr. Cohen or to Mr. Bellissimo.


Regards,


Tim
 

hopeful4

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Annel
TIm filed my case few days ago and exactly one day after he sent me my court file number which means the site is updated daily . At least in concern of adding new files.
As for the details of your file, yes they do not update every single file . They only update the lead case of the lawsuit. Every lawyer has a lead case and he should send you its number to follow up the updates.

I do not understand why Tim refused your case? did he mean you already have a file with Cohen and he can not add you to his case because of this ?
I know that several people had files with Cohen and Tim at the same time
 

annel

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Thanks hopeful4, i'll check with Cohen for the lead case number.