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Federal Skilled Worker Class Action Lawsuit

nbaloach

Full Member
Jun 21, 2014
21
1
My Credit card was charged on December 9, 2014 with regard to my application for Federal Skilled Worker received by CIC on August 27, 2014. According to my Bank, although the credit card was charged, no amount was claimed by CIC merchant bank. In the meantime, CIC attempted to charge the same credit card twice on December 19, 2014. According to my bank, attempts on December 19, 2014 could not succeed as the first charge on December 9, 2014 had already utilized 59% of the limit on my credit card.

Subsequently, Charge made on December 9, 2014 was reversed by the bank as per the bank policy, whereby limit is restored if the amount charged is not claimed by the merchant.

I have emailed to CIO a number of times, but no response, even after lapse of more than 30 days.

I fear that my application will be returned on the pretext of credit card declined.

What legal recourse I have at this point based on the fact that transaction on December 9, 2014 went through, but reversed as the amount was not claimed by CIC
 

managersonline

Champion Member
Oct 18, 2014
1,850
194
nbaloach said:
My Credit card was charged on December 9, 2014 with regard to my application for Federal Skilled Worker received by CIC on August 27, 2014. According to my Bank, although the credit card was charged, no amount was claimed by CIC merchant bank. In the meantime, CIC attempted to charge the same credit card twice on December 19, 2014. According to my bank, attempts on December 19, 2014 could not succeed as the first charge on December 9, 2014 had already utilized 59% of the limit on my credit card.

Subsequently, Charge made on December 9, 2014 was reversed by the bank as per the bank policy, whereby limit is restored if the amount charged is not claimed by the merchant.

I have emailed to CIO a number of times, but no response, even after lapse of more than 30 days.

I fear that my application will be returned on the pretext of credit card declined.

What legal recourse I have at this point based on the fact that transaction on December 9, 2014 went through, but reversed as the amount was not claimed by CIC
Sorry to hear this unfortunate news. But legally you can not take any action against CIC, because to ensure that your credit card will function is your responsbility. If full amount required for processing of application is declined due to payment issue CIC is going to return back the application. But if before returning of application you have submitted the new payment form with new credit card details or ensured that in your card there will be sufficient amount you would be lucky that CIC will attempt again.

Regards,George,
Doha,Qatar
 

nbaloach

Full Member
Jun 21, 2014
21
1
Its not my mistake, as I have clearly mentioned that the transaction on December 9, 2014 was successful and I have got full details of the transaction from my bank. Problem is the amount not claimed by CIC.
 

AbuRahma

Member
Jan 19, 2015
12
0
hi team,
i ahve a serious situation...CIC received my app on 4th Sept, 2014 noc 1123.. since then i did not hear anything from them.. no emails, no mail, no cc charging, even they did not return back my app... i emailed them with my data to clarify from 2 weeks but no response... very strange situation... anyone could advise, help ... appreciating your support. :mad:
 

AMYAINDIA

Star Member
Dec 17, 2014
181
24
Visa Office......
CPC-O
NOC Code......
0213
Job Offer........
Yes
App. Filed.......
26-05-2020
AbuRahma said:
hi team,
i ahve a serious situation...CIC received my app on 4th Sept, 2014 noc 1123.. since then i did not hear anything from them.. no emails, no mail, no cc charging, even they did not return back my app... i emailed them with my data to clarify from 2 weeks but no response... very strange situation... anyone could advise, help ... appreciating your support. :mad:
It usually takes about 30 days for them to respond to CSE. So wait and hope for the best. Good luck
 

AbuRahma

Member
Jan 19, 2015
12
0
SKBP9 said:
Hi,
I have applied for FSW in September 2014 and till today didn't get any update from CIC. Not sure if my application has been approved or rejected. Any idea how long does it take to get the initial update on the application status.
Also can I apply again under new Express Entry? Can someone please advise. Thanks!
this is exactly my situation.. as i applied 4th sept till today nothing happened.. no cc charge or any kind of correspondence.. do not apply again till u finalize this issue.. i suggest you call them ..this is what i will do in the next 2 days..i am noc 1123.. what about yours??
 

AbuRahma

Member
Jan 19, 2015
12
0
SKBP9 said:
Hi,
I have applied for FSW in September 2014 and till today didn't get any update from CIC. Not sure if my application has been approved or rejected. Any idea how long does it take to get the initial update on the application status.
Also can I apply again under new Express Entry? Can someone please advise. Thanks!
as i told u we are in the same boat.. we have to update each other for any change ..
 

managersonline

Champion Member
Oct 18, 2014
1,850
194
AbuRahma said:
as i told u we are in the same boat.. we have to update each other for any change ..
I think that turn of your NOC is still not come. Because CIC usually doesn't take this much of time for completeness check. Either application returned and got lost in post office OR your NOC has still to be processed.

Regards,George,
Doha,Qatar
 

choco09

Full Member
Dec 28, 2014
42
3
India
Category........
Visa Office......
NDVO
NOC Code......
NOC 2171
Job Offer........
Pre-Assessed..
App. Filed.......
11-09-2014
Doc's Request.
All Docs Sent
Nomination.....
God knows
IELTS Request
sent along with appl
File Transfer...
will never happen since cap reached for fsw2014
Med's Request
never for fsw2014
Med's Done....
may be later
Interview........
may be later
Passport Req..
definitely not for fsw2014
AbuRahma said:
hi team,
i ahve a serious situation...CIC received my app on 4th Sept, 2014 noc 1123.. since then i did not hear anything from them.. no emails, no mail, no cc charging, even they did not return back my app... i emailed them with my data to clarify from 2 weeks but no response... very strange situation... anyone could advise, help ... appreciating your support. :mad:
Even i am in the same situation :( , also applied for EE .
 

csaona

Member
Dec 4, 2013
16
0
Hi friends,

The Tim´s updating.


Good day,

Yesterday, Justice Barnes finally did what he had promised last March to do: He granted leave and set a hearing date in both IMM-1-13, which is for those who joined before the June 2012 ruling in Liang, and in IMM-6828-12, for those who joined after the Liang ruling. In other words, all who placed their trust in me will have the issues of their cases heard on April 21st. (The judge will not be Justice Barnes but who it will be will not be released until after April 7th.)

The order, which is appended below, sets the steps we have to perform before the hearing. We will be able to adduce additional affidavits if we wish and will be able to examine the person(s) whose affidavit(s) they submit. I do not anticipate anything being required from you at this point. However, Rocco and I will discuss the case, and I will let you know if we need anything from you but I doubt that we will..

Thank you for the loyalty you have shown me and for your trust. Despite Justice Barnes' unethical conduct and the Law Society attacks, you have stood by me -- for which I am most grateful.

Best wishes,

Tim Leahy



2015-01-21





Ottawa

Order rendered by The Honourable Mr. Justice Barnes at Ottawa on 21-JAN-2015 granting the application for leave fixing the hearing at a Special Sitting at Toronto on 21-APR-2015 to begin at 09:30 specifying documents to be produced and/or filed as follows: English language; A's further affidavit due 20-Feb-2015; R's further affidavit due 02-Mar-2015; Cross examinations due 13-Mar-2015; A's further memorandum due 23-Mar-2015; R's further memorandum due 02-Apr-2015; Transcript due 02-Apr-2015. Decision filed on 21-JAN-2015 Considered by the Court without personal appearance entered in J. & O. Book, volume 660 page(s) 129 - 131 Copy of the order sent to all parties Transmittal Letters placed on file.
 

managersonline

Champion Member
Oct 18, 2014
1,850
194
csaona said:
Hi friends,

The Tim´s updating.


Good day,

Yesterday, Justice Barnes finally did what he had promised last March to do: He granted leave and set a hearing date in both IMM-1-13, which is for those who joined before the June 2012 ruling in Liang, and in IMM-6828-12, for those who joined after the Liang ruling. In other words, all who placed their trust in me will have the issues of their cases heard on April 21st. (The judge will not be Justice Barnes but who it will be will not be released until after April 7th.)

The order, which is appended below, sets the steps we have to perform before the hearing. We will be able to adduce additional affidavits if we wish and will be able to examine the person(s) whose affidavit(s) they submit. I do not anticipate anything being required from you at this point. However, Rocco and I will discuss the case, and I will let you know if we need anything from you but I doubt that we will..

Thank you for the loyalty you have shown me and for your trust. Despite Justice Barnes' unethical conduct and the Law Society attacks, you have stood by me -- for which I am most grateful.

Best wishes,

Tim Leahy



2015-01-21





Ottawa

Order rendered by The Honourable Mr. Justice Barnes at Ottawa on 21-JAN-2015 granting the application for leave fixing the hearing at a Special Sitting at Toronto on 21-APR-2015 to begin at 09:30 specifying documents to be produced and/or filed as follows: English language; A's further affidavit due 20-Feb-2015; R's further affidavit due 02-Mar-2015; Cross examinations due 13-Mar-2015; A's further memorandum due 23-Mar-2015; R's further memorandum due 02-Apr-2015; Transcript due 02-Apr-2015. Decision filed on 21-JAN-2015 Considered by the Court without personal appearance entered in J. & O. Book, volume 660 page(s) 129 - 131 Copy of the order sent to all parties Transmittal Letters placed on file.
Hope that all of you get good result of your patience for such a long time.

Regards,George,
Doha,Qatar
 

nbaloach

Full Member
Jun 21, 2014
21
1
Hello

There is an error on part of CIC with regard to payment of fee (FSW 2014 application), which resulted in return of my application.

Can someone refer me some good lawyer for resolution of this matter.
 

managersonline

Champion Member
Oct 18, 2014
1,850
194
Akarmally said:
Hi

Have they announce the result of first draw of EE or not?
Yes first draw is already announced:-

"Ministerial Instructions respecting invitations to apply for permanent residence under the Express Entry system #1 – January 31, 2015 11:59:48 UTC
The Minister of Citizenship and Immigration, pursuant to section 10.3 of the Immigration and Refugee Protection Act, gives the annexed Ministerial Instructions Respecting Invitations to Apply for Permanent Residence under the Express Entry System (January 31, 2015).
Ottawa, January 31, 2015
Chris Alexander
Minister of Citizenship and Immigration

Ministerial Instructions Respecting Invitations to Apply for Permanent Residence Under the Express Entry System (January 31, 2015)

Determination — number of invitations
(1) For the purposes of paragraph 10.2(1)(b) of the Immigration and Refugee Protection Act, the number of invitations that may be issued during the period beginning on January 31, 2015 and ending on February 1, 2015 is 779.
Required rank
(2) Foreign nationals who, on January 31, 2015 at 11:59:48 UTC, have been assigned a total of 886 points or more under the Comprehensive Ranking System that is set out in the Ministerial Instructions Respecting the Express Entry System, as published in the Canada Gazette, Part I, on December 1, 2014 and as amended from time to time, occupy the rank required to be invited to make an application for permanent residence.
Link:- http://www.cic.gc.ca/english/department/mi/index.asp?expand=mi-express#mi-express"
 

managersonline

Champion Member
Oct 18, 2014
1,850
194
nbaloach said:
Hello

There is an error on part of CIC with regard to payment of fee (FSW 2014 application), which resulted in return of my application.

Can someone refer me some good lawyer for resolution of this matter.
Immigration lawyer of this forum or FW Canada they seem to have good reputation.