Federal Skilled Worker Class Action Lawsuit

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Guys, this thread is for Federal Skilled Worker Class Action Lawsuit. If your questions are not related to Canadian immigration lawsuit, then please do not post them here. If you are clueless of where to post your queries, go to the home page where all the threads are listed and find out for yourself the thread that might suit you the most. If none of those existing threads are suitable, then you create a new thread for yourself and post your queries there for others to answer. Hope this helps.

 

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Dong Liang (applicant) v. The Minister of Citizenship and Immigration (respondent) (IMM-9634-11)

Federal Court Rennie, J. June 14, 2012.

Summary:
The applicants sought orders of mandamus compelling the Minister of Citizenship and Immigration (MCI) to process their applications for permanent residence under the federal skilled worker (FSW) class. The applications at issue were selected through a case management process as representative cases for two groups of applicants whose FSW applications had not been processed to completion. Applicant Liang represented 671 applicants who submitted their applications before February 27, 2008, when amendments to the Immigration and Refugee Protection Act were enacted through the Budget Implementation Act (2008) or Bill-C50 (preC50 applications).
The applicants claimed that the MCI had unreasonably delayed processing their applications by choosing to accord higher priority to applications submitted more recently and according to different criteria.

The Federal Court allowed Liang's application for mandamus because of the delay in his case. With respect to the 670 other pre-C50 applicants, the court had no evidence before it with respect to the factors unique to each particular application which might account for the delay. Part or all of the delay could be attributable to the conduct of the applicant or a third party over whom the government had no control. Thus, each case would have to be determined on a caseby-case basis, and with the exception of Liang, the court made no finding save that in respect of the remaining pre-C50 applicants, a prima facie case of delay was established and the Ministerial Instructions, in light of s. 120 of the Budget Implementation Act, 2008, did not constitute a satisfactory justification for that delay. However, the court stated that where the Minister established a policy to process the MI1 applications within 6-12 months, the actual delay (ranging from 24-52 months) was prima facie longer than that which might reasonably have been expected to have arisen. Furthermore, the Minister's authority to set policy was not, in these circumstances itself a satisfactory justification for the delay.

http://files.slaw.ca/cases/liang_2012-11-15.pdf

 

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Corrections have been made on 20 March 2014 to the 14 June 2012 decision of Justice Rennie in the Liang v. MCI case (IMM-9634-11)

[color=blue][b][u]Doc[/u] [u]Date Filed[/u] [u]Office[/u]	  [u]Recorded Entry Summary[/u][/b]
[color=red]-	2014-03-20	Ottawa	Corrections to pages 1, 6, 22, 24, 26 of the certified french translation of the Reasons for Judgment of Mr. Justice Rennie dated June 14/12, received on 20-MAR-2014
-	2014-03-20	Ottawa	Corrections to page(s) 0 1 5 6 7 9 12 13 14 15 17 18 19 20 23 of the Reasons of The Honourable Mr. Justice Rennie that were dated 14-JUN-2012 received on 20-MAR-2014 Corrected pages sent to parties[/color]
18	2012-10-17	Ottawa	Certified French translation of the judgment / doc. # 15 delivered 14-JUN-2012 filed on 17-OCT-2012
17	2012-10-17	Ottawa	Certified French translation of the reasons for judgment / doc. # 16 delivered 14-JUN-2012 filed on 17-OCT-2012
-	2012-07-03	Ottawa	Written directions of the Court: The Honourable Mr. Justice Rennie dated 03-JUL-2012 directing "The Court has reviewed submissions of the parties received in response to its Direction of June 18, 2012. It is clear that the Court is not functus officio. The Court notes as well the jurisdiction, albeit limited, under Rule 397 of the Federal Courts Rules (SOR/98-106). Nevertheless, having regard to both the individualized nature of the two applications addressed in the Court's decision of June 14, 2012, and to the fact that decision was limited to the two applications, there is no question for certification." received on 03-JUL-2012 Confirmed in writing to the party(ies)
-	2012-06-20	Ottawa	E-mail correspondence received from Applicant's counsel concerning a request for a Case Managment conference. Also attached is a copy of a letter dated 18-Jun-2012 sent to Respondent's counsel. E-mail referenced file IMM-7502-11 (Scanned to Court 20-jun-2012) received on 20-JUN-2012
-	2012-06-20	Ottawa	Letter received from counsel for the Respondent further to the e-mail of Mr. Leahy of 11:00 a.m. today stating the Respondent is open to a case management concerence if the Court believes it is necessary. (scanned to Court 20-Jun-2012) received on 20-JUN-2012
-	2012-06-20	Ottawa	Letter from counsel for the Applicant in response to letter from the Respondent and further to the direction of the Court re: Questions for certification dated 20-JUN-2012 scanned to Court received on 20-JUN-2012
-	2012-06-19	Ottawa	Letter from solicitor for the Respondent dated 19-JUN-2012 in response to direction of the Court dated June 19, 2012 re: question for certification (scanned to Court 20-Jun-2012) received on 19-JUN-2012
-	2012-06-18	Ottawa	Letter from solicitor for the Applicant dated 18-JUN-2012 in response to direction of the Court dated 18-jun-2012 (scanned to court 19-Jun-2012) received on 18-JUN-2012
-	2012-06-18	Ottawa	Acknowledgment of Receipt received from Applicant, Respondent, with respect to Oral direction dated Jun 18, 2012 faxed to counsel. Voice mail left for counsel. placed on file on 18-JUN-2012
-	2012-06-18	Ottawa	Oral directions of the Court: The Honourable Mr. Justice Rennie dated 18-JUN-2012 directing "The Court omitted to reference in its decision the opportunity of the parties to propose a certified question. Should either party wish to propose a question they may do so before the close of business, Tuesday, June 19, 2012. Any response to a proposed question is due by close of business Wednesday, June 20, 2012." received on 18-JUN-2012 Confirmed in writing to the party(ies)
-	2012-06-14	Ottawa	Acknowledgment of Receipt received from , Applicant advised verbally, Respondent left voice mail, Litigation Management left voice mail. Reasons faxed to both parties, Litigation Mng with respect to Reasons for Judgment concerning final order dated 14-Jun-2012 placed on file on 14-JUN-2012
16	2012-06-14	Ottawa	Reasons for Order dated 14-JUN-2012 rendered by The Honourable Mr. Justice Rennie The Court's decision is with regard to Judicial Review Filed on 14-JUN-2012 Copies sent to parties
15	2012-06-14	Ottawa	(Final decision) Judgment rendered by The Honourable Mr. Justice Rennie at Ottawa on 14-JUN-2012 granting the application for judicial review "THIS COURT'S JUDGMENT IS THAT: 1. The application in respect of Mr. Liang (IMM-9634-11) is granted. 2. The application of Mr. Liang must be final;ized within 120 days of the date of this decision. 3. The application in respect of Ms. Gurung (IMM-137-12) is dismissed. 4. There is no order as to costs. 5. There is no question for certification. 6. Reasons for Judgment to follow." Decision filed on 14-JUN-2012 Considered by the Court with personal appearance entered in J. & O. Book, volume 560 page(s) 357 - 358 Copy of the judgment sent to all parties Transmittal Letters placed on file.
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http://cas-ncr-nter03.cas-satj.gc.ca/IndexingQueries/infp_RE_info_e.php?court_no=IMM-9634-11

 

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2015-04-23 Supplemental document, (Letter Form), Superior Court of Québec decision - Stasekno vs. MICC Yu CaiHua

2015-04-27 Correspondence received from, (Letter Form), Respondent, re: no objection to submitting additional material to the panel Minister of Citizenship and Immigration

 

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SCC just released a bulletin indicating a list of cases that are going to have decisions in leave. It does include Ali Raza Jafri et al. v. Minister of Citizenship and Immigration:

http://scc-csc.lexum.com/scc-csc/news/en/item/4896/index.do

It means we will have a decision on leave from SCC this Thursday.

 

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Latest update on lawyer Tim Leahy's case handled by lawyer Rocco Galati
Federal Court of Canada
Docket IMM-6828-12
Haiyan Gong v. Minister of Citizenship and Immigration

[b][u]Doc[/u] [u]Date Filed[/u]    [u]Office[/u]     [u]Recorded Entry Summary[/u][/b]
29	2015-04-22	Toronto	Solicitor's certificate of service on behalf of Rocco Galati confirming service of doc 28 upon Respondent by telecopier on 21-APR-2015 filed on 22-APR-2015
28	2015-04-22	Toronto	Written representations in reply to doc 26 on behalf of the applicant filed on 22-APR-2015
27	2015-04-17	Toronto	Affidavit of Patrick Cameron on behalf of the respondent sworn on 17-APR-2015 confirming service of Doc 26 on the applicant by personal service on 17-APR-2015 filed on 17-APR-2015
26	2015-04-17	Toronto	Motion Record in response to Motion Doc. No. 16 containing the following original document(s): 23 24 25 Number of copies received: 3 on behalf of Respondent filed on 17-APR-2015
25	2015-04-17	Toronto	Memorandum of argument contained within a Motion Record on behalf of the respondent filed on 17-APR-2015
24	2015-04-17	Toronto	Affidavit of Larissa Goodyear contained within a Motion Record on behalf of the respondent sworn on 16-APR-2015 in opposition to Motion Doc 16 with attached exhibit(s) A - D filed on 17-APR-2015
23	2015-04-17	Toronto	Affidavit of Catherine Marx contained within a Motion Record on behalf of the respondent sworn on 17-APR-2015 in opposition to Motion Doc 16 with attached exhibit(s) A - B filed on 17-APR-2015
-	2015-04-08	Calgary	Calgary 08-APR-2015 BEFORE The Honourable Mr. Justice Campbell Language: E Before the Court: Case Management Conference Result of Hearing: ---Hearing will be postponed until a matter before the Supreme Court of Canada which may have a bearing on these proceedings is concluded --- A follow up Case Management Conference shall be scheduled for 2pm (EST) May 12, 2015 in person in Toronto ---Respondent's Motion Materials will be served and field by April 17, 2015 and a reply, if any, will be due by April 29, 2015 held by way of Conference Call Duration per day: 08-APR-2015 from 02:00 to 02:34 Courtroom : Judge's chambers - Calgary Court Registrar: Hazel Buchanan Total Duration: 34min Appearances: Mr. Roco Galati (416) 530-9684 representing Applicant Mr. Martin Anderson & Ms. Jocelyn Espejo-Clarke (416) 952-2856 representing Respondent Comments: Matter heard together with IMM-1-13. Original Minutes on IMM-6828-12 Minutes of Hearing entered in Vol. 312 page(s) 43 - 47 Abstract of Hearing placed on file
-	2015-04-08	Calgary	Memorandum to file from (Robert) Buye M'vondo dated 08-APR-2015 Counsel advised by phone on Dial-in numbers and participants codes for this afternoon CMC in this matter. placed on file.
22	2015-04-02	Toronto	Affidavit of Patrick Cameron on behalf of the respondent sworn on 02-APR-2015 confirming service of doc#21 on the applicant by process server on 02-APR-2015 filed on 02-APR-2015
21	2015-04-02	Toronto	Further Memorandum of argument on behalf of the respondent filed on 02-APR-2015
-	2015-03-12	Toronto	Toronto 12-MAR-2015 BEFORE The Honourable Mr. Justice Campbell Language: E Before the Court: Case Management Conference Result of Hearing: The Applicant's motions received in the Registry 11-MAR-2015 are to be accepted for filing. The Respondent's Reply material to the motion to dismiss is to be accepted for filing as per R.369 A follow up Case Management Conference shall be scheduled for 08-APR-2015 at 2:00pm MT (4:00pm EST) held by way of Conference Call Duration per day: 12-MAR-2015 from 04:05 to 04:35 Courtroom : Judge's Chambers - Toronto Court Registrar: Abigail Grimes Total Duration: 30 mins Appearances: Mr. Rocco Galati 416-530-9684 representing Applicant Martin Anderson / Charles Julian Jubenville / Jocelyn Espejo Clarke 416-952-2856 representing Respondent Comments: Matter heard together with IMM-1-13. Original minutes on IMM-6828-12. Minutes of Hearing entered in Vol. 310 page(s) 204 - 206 Abstract of Hearing placed on file
15	2015-03-12	Toronto	Solicitor's certificate of service on behalf of ROCCO GALATI confirming service of NOTICE OF CONSTITUTIONAL QUESTION upon AGC, THE PROVINCES AND TERRITORIES by mail on 11-MAR-2015 confirming service NOTICE OF CONSTITUTIONAL QUESTION upon DOJ-TORONTO by personal service on 11-MAR-2015 filed on 12-MAR-2015
20	2015-03-11	Toronto	Motion Record containing the following original document(s): 16 17 18 Number of copies received: 3 on behalf of Applicant filed on 11-MAR-2015
19	2015-03-11	Toronto	Draft Order concerning Motion Doc. No. 16 received on 11-MAR-2015
18	2015-03-11	Toronto	Memorandum of fact and law contained within a Motion Record on behalf of the applicant filed on 11-MAR-2015
17	2015-03-11	Toronto	Affidavit of Timothy E. Leahy contained within a Motion Record on behalf of the applicant sworn on 11-MAR-2015 in support of Doc 16 with attached exhibit(s) A filed on 11-MAR-2015
16	2015-03-11	Toronto	Notice of Motion contained within a Motion Record on behalf of Applicant returnable (but no hearing date indicated at this time) for an Order naming Mme Gong as the lead applicant of a class of litigants; an Order applying the order disposing of the application and certification of any question(s) to all FSW applicants for whom this application is the lead case and other such relief as the Court deems just filed on 11-MAR-2015
14	2015-03-11	Toronto	Further Memorandum of fact and law on behalf of Applicants filed on 11-MAR-2015 with proof of service on the respondent judges' copies
13	2015-03-11	Toronto	Notice of constitutional question on behalf of Applicants filed on 11-MAR-2015 with proof of service on the respondent
12	2015-03-02	Toronto	Affidavit of Patrick Cameron on behalf of the respondent sworn on 02-MAR-2015 confirming service of Doc 11 on the applicant by personal service on 02-MAR-2015 filed on 02-MAR-2015
11	2015-03-02	Toronto	Affidavit of Anna Thompson on behalf of the respondent sworn on 02-MAR-2015 in opposition to Doc 1 with attached exhibit(s) A-F filed on 02-MAR-2015
-	2015-02-09	Ottawa	Certified copy of the decision and reasons sent by Citizenship and Immigration Canada, International Region on 06-FEB-2015 pursuant to the Federal Court Immigration Rules Received on 09-FEB-2015
-	2015-01-21	Ottawa	Acknowledgment of Receipt received from Applicant, Respondent, Immigration with respect to of leave granted order sent by fax placed on file on 21-JAN-2015
10	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) 139 - 141 Copy of the order sent to all parties Transmittal Letters placed on file.
9	2014-09-30	Toronto	Solicitor's certificate of service on behalf of ROCCO GALATI confirming service of NOTICE OF CHANGE OF SOLICITOR (DOC. 08) upon Respondent by telecopier on 29-SEP-2014 filed on 30-SEP-2014
8	2014-09-30	Toronto	Notice of change of solicitor on behalf of Applicant filed on 30-SEP-2014
-	2014-08-26	Toronto	Copy of a Letter from Timothy Leahy, Forefront Migration Ltd. dated 26-AUG-2014 re: ID #63 on T-648-13 respecting a listing of current files that Mr. Leahy has carriage of. received on 26-AUG-2014
-	2014-03-28	Ottawa	Ottawa 28-MAR-2014 BEFORE The Honourable Mr. Justice Barnes Language: E Before the Court: Case Management Conference Result of Hearing: Joint letter to be provided to the Court re: a proposed schedule for the filing of documents held in chambers by way of Conference Call Duration per day: 28-MAR-2014 from 11:03 to 11:13 Courtroom : Judge's Chambers - Ottawa Court Registrar: Chantal Berube Total Duration: 10min Appearances: Mr. Timothy Leahy 416-226-9889 representing Applicant Mr. Martin Anderson 416-952-2856 representing Respondent Ms. Jane Stewart 416-973-7528 representing Respondent Comments: Parties are to provide a letter to the Court after jointly discussing a schedule for the filing of documents. Heard with IMM-1-13. Original minutes taken on IMM-6828-12. Minutes of Hearing entered in Vol. 293 page(s) 491 - 493 Abstract of Hearing placed on file
-	2014-03-26	Ottawa	Oral directions of the Court: The Honourable Mr. Justice Barnes dated 26-MAR-2014 directing a CMC by teleconference on March 28, 2014 at 9:00, for 30 minutes from Ottawa, further to the Respondent's letter dated March 18, 2014. Counsel may remain in their offices. This CMC will also include file IMM-1-13. received on 26-MAR-2014
-	2014-03-20	Ottawa	Communication to the Court from the Registry dated 20-MAR-2014 re: further two counsel's letter requeting a case management conference this file is being sent to court for direction.
-	2014-03-19	Toronto	Letter from consel for the Applicant dated 19-MAR-2014 confirming content of Mr. Anderson's letter dated March 18, 2014. He is available at the Court's convenience for a case management meeting. received on 19-MAR-2014
-	2014-03-18	Toronto	Letter from Respondent dated 18-MAR-2014 requesting a case management meeting with the court and counsel for the parties received on 18-MAR-2014
-	2014-03-14	Ottawa	Acknowledgment of Receipt received from all parties with respect to Barnes,J.'s Direction (ID#16)dated 14-MAR-2014 sent via fax placed on file on 14-MAR-2014
-	2014-03-14	Ottawa	Written directions of the Court: The Honourable Mr. Justice Barnes dated 14-MAR-2014 directing "leave is granted to accept the application record herein out-of-time" received on 14-MAR-2014 Confirmed in writing to the party(ies)
4	2014-03-14	Ottawa	****** CANCELLED ****** Written directions of the Court: The Honourable Mr. Justice Barnes dated 14-MAR-2014 directing "Leave is granted to accept the Application Record herein out-of-time" filed on 14-MAR-2014 Confirmed in writing to the party(ies)
-	2014-02-25	Ottawa	Memorandum to file from Ottawa Principal Office, dated 25-FEB-2014 three copies of the Respondent's record, submitted for filing, via the Toronto Local Office, to be sent to court for directions per R 72, as the file is Case Managed, memo as CC'd to local office and placed on file.
7	2014-02-21	Ottawa	Affidavit of Stephen Bainbridge, on behalf of the respondent sworn on 21-FEB-2014 confirming service of 6 on the applicant by personal service on 21-FEB-2014 filed on 21-FEB-2014
6	2014-02-21	Ottawa	Respondent's Record Number of copies received/prepared: 2 on behalf of Respondent filed on 21-FEB-2014
-	2014-02-17	Toronto	Memorandum to file from T. Desanti, Toronto Local Office dated 17-FEB-2014 on February 5, 2014 Mr Leahy submitted his Application Record for filing, outside of the time prescribed by Rule 10(2)(b) of the FCIRP Rules. In light of the Minister's letter dated February 12th, the Record is being forwarded to the Court for direction. **All copies of the Application Record are being sent to Ottawa. placed on file.
-	2014-02-13	Ottawa	Letter from Applicant's general counsel Timothy Leahy dated 13-FEB-2014 confirming the agreement Mr. Anderson explicated in his February 12th letter indicating that parties have agreed to a proposal for case management with proposed timeline received on 13-FEB-2014
-	2014-02-12	Toronto	Letter from Respondent dated 12-FEB-2014 the parties have agreed to a proposal for case management and proposed a timetable received on 12-FEB-2014
5	2014-02-05	Ottawa	Applicant's Record Number of copies received/prepared: 2 on behalf of Applicant with proof of service upon Respondent on 06-JAN-2014 (see memo from Registry 17-Feb-2014 and directions 14-Mar-2014) on 06-JAN-2014 filed on 05-FEB-2014
-	2013-03-13	Ottawa	Copy of (Copy of) Letter (Original on IMM-7502-11) further to letter of 8-MAR-2013 on behalf of Respondent dated 13-MAR-2013 placed on file on 13-MAR-2013 Original placed on Court File No. IMM-3114-12
-	2013-03-11	Ottawa	Copy of (Copy of) Acknowledgment of Receipt (Original on IMM-7502-11) from all parties on 11-MAR-2013 of Directions of 7-MAR-2013 and Letter of 8-MAR-2013 placed on file on 11-MAR-2013 Original placed on Court File No. IMM-3114-12
-	2013-03-11	Ottawa	Copy of (Copy of) letter (Original on Court File No:IMM-7502-11) from the Office of Chief Justice further to respondent's letter of 22-FEB-2013 dated 08-MAR-2013 placed on file on 11-MAR-2013 Original placed on Court File No. IMM-3114-12
-	2013-03-11	Ottawa	Copy of (Copy of) Written directions (Original on Court File No:IMM-7502-11) of Chief Justice Crampton in response to respondent's letter of 22-FEB-2013 dated 07-MAR-2013 placed on file on 11-MAR-2013 Original placed on Court File No. IMM-3114-12
-	2013-02-22	Ottawa	Copy of (copy of) Letter (Original on Court File No: IMM-7502-11) seeking directions re: Mr. Leahy's status at LSUC on behalf of Respondent dated 22-FEB-2013 placed on file on 22-FEB-2013 Original placed on Court File No. IMM-3114-12
-	2013-01-09	Ottawa	Letter advising that no reasons exist on file for termination under S.87.4(1) sent by Canadian Consulate General, Hong Kong on 09-JAN-2013 pursuant to Rule 9(2) Received on 09-JAN-2013
3	2012-07-23	Toronto	Copy of dco 1 with proof of service on the respondent on 13-JUL-2012 filed on 23-JUL-2012
2	2012-07-19	Toronto	Notice of appearance on behalf of the respondent filed on 19-JUL-2012 with proof of service on the applicant the tribunal
1	2012-07-11	Toronto	Application for leave and judicial review against a decision CANADIAN CONSLULATE GENERAL (HONG KONG), MANDAMUS, B0505 36146 filed on 11-JUL-2012 Written reasons not received by the Applicant Tariff fee of $50.00 received
-	2011-12-07	Toronto	Copy of Order dated 07-DEC-2011 rendered by The Honourable Mr. Justice Barnes placed on file. Original filed on Court File No. IMM-7502-11

http://cas-ncr-nter03.cas-satj.gc.ca/IndexingQueries/infp_RE_info_e.php?court_no=IMM-6828-12

- 2015-04-29 Ottawa Communication to the Court from the Registry dated 29-APR-2015 re: Applicant's Motion to "Create a class" sent to court for disposition

 

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SCC just released a bulletin indicating a list of cases that are going to have decisions in leave. It does include Ali Raza Jafri et al. v. Minister of Citizenship and Immigration:

http://scc-csc.lexum.com/scc-csc/news/en/item/4896/index.do

It means we will have a decision on leave from SCC this Thursday.

The case has been dismissed.

http://scc-csc.lexum.com/scc-csc/news/en/item/4899/index.do

DISMISSED / REJETÉES
Ali Raza Jafri et al. v. Minister of Citizenship and Immigration (F.C.) (Civil) (By Leave) (36213)
(The motions for an extension of time to serve and file the applications for leave to appeal are granted. The applications for leave to appeal are dismissed. /
Les requêtes en prorogation du délai de signification et de dépôt des demandes d'autorisation d'appel sont accueillies. Les demandes d'autorisation d'appel sont rejetées.)
Coram: Rothstein / Cromwell / Moldaver

 

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The case has been dismissed:

http://scc-csc.lexum.com/scc-csc/news/en/item/4899/index.do

DISMISSED / REJETÉES
Ali Raza Jafri et al. v. Minister of Citizenship and Immigration (F.C.) (Civil) (By Leave) (36213)
(The motions for an extension of time to serve and file the applications for leave to appeal are granted. The applications for leave to appeal are dismissed. /
Les requêtes en prorogation du délai de signification et de dépôt des demandes d'autorisation d'appel sont accueillies. Les demandes d'autorisation d'appel sont rejetées.)
Coram: Rothstein / Cromwell / Moldaver

Reacting to the judgement of the Supreme Court of Canada, a disappointed Rakesh Kumar Garg in the facebook public group page 'Prospective Canadian Immigrants' (a group of applicants who oppose CIC's closure of unassessed Federal Skilled Worker applications that were filed before 27 February 2008) has posted, "It is too disgusting all hopes are shattered, everything is lost. Still don't know what wrong we did in choosing Canada. I am extremely sorry for everyone of us."

https://www.facebook.com/groups/179730375479964

 

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Latest update on lawyer Matthew Jeffery's appeal that was dismissed today (April 30, 2015)
Supreme Court of Canada
Docket 36213
Ali Raza Jafri, et al. v. Minister of Citizenship and Immigration

[color=blue][b][u]Date[/u]	           [u]Proceeding[/u]                     	                                                                                               [u]Filed By (if applicable)[/u][/b]
2015-04-30	Decision on the application for leave to appeal, Ro Cro Mo, The motions for an extension of time to serve and file the applications for leave to appeal are granted. The applications for leave to appeal from the judgments of the Federal Court of Appeal, Numbers A-180-13, A-181-13, A-183-13, A-185-13 and A-186-13, 2014 FCA 191, dated August 21, 2014, are dismissed.
Dismissed	
2015-04-30	Decision on motion to extend time to file and /or serve the leave application, Ro Cro Mo
Granted, no order as to costs	
2015-04-27	Correspondence received from, (Letter Form), Respondent, re: no objection to submitting additional material to the panel	Minister of Citizenship and Immigration
2015-04-23	Supplemental document, (Letter Form), Superior Court of Québec decision - Stasenko vs. MICC. (distributed to panel April 27, 2015)	Yu CaiHua
2015-04-17	Correspondence (sent by the Court) to, Yu Caihua, acknowledgement letter dated February 10, 2015 (returned to the Court by postal company due to wrong address).	
2015-04-13	All materials on application for leave submitted to the Judges, submission of joint application filed on January 7, 2015 by 11 self-represented applicants , Ro Cro Mo	
2015-04-13	Submission of motion to extend time to file and/ or serve the leave application, submission of motion filed on Oct.20/2014 by Yu Caihua, et al., Ro Cro Mo	
2015-04-07	Applicant's reply to respondent's argument, (Book Form), Completed on: 2015-04-07	Yu CaiHua
2015-04-07	Reply to the motion to extend time to file and/ or serve the leave application, (Book Form), (Included in the applicant's reply to respondent's argument), Completed on: 2015-04-07, (Electronic version filed on 2015-04-07)	Yu CaiHua
2015-03-25	Response to the motion to extend the time to file and / or serve the leave application, (Included in the respondent's response on the application for leave to appeal), Completed on: 2015-03-25	Minister of Citizenship and Immigration
2015-03-25	Respondent's response on the application for leave to appeal, (Book Form), RESPONSE TO THE SECOND APPLICATION., Completed on: 2015-03-25, (Electronic version filed on 2015-03-25)	Minister of Citizenship and Immigration
2015-03-17	Certificate (on limitations to public access), (Letter Form)	Yu CaiHua
2015-03-16	All materials on application for leave submitted to the Judges, Only the application for leave to appeal filed on December 16, 2014 has been submitted to the panel., Ro Cro Mo	
2015-03-16	Submission of motion to extend time to file and/ or serve the leave application, Ro Cro Mo	
2015-03-02	Notice of withdrawal, (Letter Form), Notice of Withdrawal pursuant to Rule 17(4). Ten letters - Matthew Jeffery ceases to represent 10 of the Applicants.	Ali Raza Jafri
2015-02-26	Correspondence (sent by the Court) to, Applicants, re - response to request to be self-represented (7 letters)	
2015-02-10	Applicant's reply to respondent's argument, (Book Form), Completed on: 2015-02-10, (Electronic version filed on 2015-02-10)	Ali Raza Jafri
2015-02-10	Letter acknowledging receipt of a complete application for leave to appeal	
2015-02-09	Correspondence received from, (Letter Form), Applicant, re.: Confirmation that counsel is representing ten of eleven applicants that had written to the Court.	Ali Raza Jafri
2015-02-04	Correspondence received from, (Letter Form), Respondent, re.: documents filed by applicants that already have a file at the SCC	Minister of Citizenship and Immigration
2015-02-03	Respondent's response on the application for leave to appeal, (Book Form), RESPONSE TO FIRST APPLICATION., Completed on: 2015-02-03, (Electronic version filed on 2015-02-03)	Minister of Citizenship and Immigration
2015-02-03	Certificate (on limitations to public access), (Book Form), (Electronic version filed on 2015-02-03)	Minister of Citizenship and Immigration
2015-01-07	Application for leave to appeal, (Book Form), Joint second, third, fourth, fifth, sixth, seventh, eighth, nineth, tenth, and eleventh application. Please note that Part III and VI are found in Yu Caihua's second application., Completed on: 2015-01-07	Yu CaiHua
2014-12-17	Letter acknowledging receipt of a complete application for leave to appeal, File opened 2014-12-17.	
2014-12-17	Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2014-12-16)	Ali Raza Jafri
2014-12-16	Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), (Included in the application for leave to appeal), Completed on: 2014-12-16, (Electronic version filed on 2014-12-16)	Ali Raza Jafri
2014-12-16	Application for leave to appeal, (Book Form), 2 volumes. FIRST APPLICATION., Completed on: 2014-12-16, (Electronic version filed on 2014-12-16)	Ali Raza Jafri
2014-10-30	Correspondence (sent by the Court) to, Applicants: Li Liang,Yangchun Yang, Jiong Ju, Shao Lixia, Chenggang Huang, Yanling Liu, Rami Ahmed Fathalla Moustafa, Ping Guo and Ling Xiao - CHECKLIST	
2014-10-20	Motion to extend the time to file and or serve the application for leave to appeal, (Letter Form), second, third, fourth, fifth, sixth, seventh, eigth, nineth, tenth and eleventh application- Joint Motion. Ping Guo - motion rec'd Oc.17/2014. Rami Fathalla - motion rec'd Oct.21/2014. Guimei Jing - Joint Motion rec'd Jan.12/2015, Completed on: 2014-10-20	Yu CaiHua[/color]

http://www.scc-csc.gc.ca/case-dossier/info/dock-regi-eng.aspx?cas=36213

 

[warmest]

Here is Tim Leahy's latest (30 April 2015, i.e. today) email with the subject line "Supreme Court declines to hear so-called FSW class-action lawsuit".

Dear Litigant,

Today, the Supreme Court denied leave for the Tabingo group. The decision is actually good news for us because Justice Campbell was waiting for the ruling because he did not want to make a ruling in our favour only to have a SCC decision undermine it. Now that the SCC has opted out of the issue, Justice Campbell can give us a new hearing date. He's to discuss a date with opposing counsel within the next two weeks.

The decision has no bearing on our case because the Federal Court of Appeal's decision was silent -- as was Rennie -- on Rocco's argument. Therefore, we have no decision ruling against Rocco's argument. In addition, my argument was never argued and, thus, is, likewise, unaffected by the Tabingo rulings.

Finally, denial of leave does not mean that the SCC has upheld the FCA's ruling. It means only that it did not consider the issue of serious national importance. Thus, denial of leave does not make the Tabingo ruling stronger.

I am in transit at present and was when the ruling came down and will not have easy internet access hour from now. So, please refrain from writing or, if you do, from being upset if I do not respond in a timely manner.

No more obstacles now for our day in court!

Regards,

Tim

 

[warmest]

Here are the latest updates for:

Tim Leahy (cases currently handled by Rocco Galati in Federal Court of Canada)
1. [Young Mi Back] http://cas-ncr-nter03.cas-satj.gc.ca/IndexingQueries/infp_RE_info_e.php?court_no=IMM-1-13

[color=blue]-	2015-05-04	Toronto	Toronto 04-MAY-2015 BEFORE The Honourable Mr. Justice Campbell Language: E Before the Court: Case Management Conference Result of Hearing: Judicial review hearing to be scheduled Matter adjourned to be fixed by the Chief Justice held in chambers by way of Conference Call Duration per day: 04-MAY-2015 from 10:00 to 10:25 Courtroom : Judge's Chambers - Toronto Court Registrar: Jim Outtrim Total Duration: 25min Appearances: Mr.Rocco Galatti 416-530-9684 representing Applicant Mr.Martin Anderson 416-952-2856 representing Respondent Comments: This matter heard with IMM-6828-12.Please see minutes on that file. Proposed dates for Judicial Review forwareded to JA Trial. Recorded by back up recorder. Minutes of Hearing entered in Vol. 314 page(s) 31 - 32 Abstract of Hearing placed on file[/color]

2. [Haiyan Gong] http://cas-ncr-nter03.cas-satj.gc.ca/IndexingQueries/infp_RE_info_e.php?court_no=IMM-6828-12

[color=blue]-	2015-05-04	Toronto	Toronto 04-MAY-2015 BEFORE The Honourable Mr. Justice Campbell Language: E Before the Court: Case Management Conference Result of Hearing: Direction:that a hearing date be scheduled by JA Trial held in chambers Duration per day: 04-MAY-2015 from 10:00 to 10:25 Courtroom : Judge's Chambers - Toronto Court Registrar: Jim Outtrim Total Duration: 25min Appearances: Mr.Rocco Galatti 416-530-9684 representing Applicant Mr.Martin Anderson 416-952-2856 representing Respondent Comments: Proposed dates:The parties provided the following dates for the judicial review hearing:May 25-27;after July 27-early August;August 31- September 4;duration 1 day; Constitutional Question,applicant's doc.14 and respondent's doc.21 main documents. The JA trial to be advised and to schedule the judicial review. Minutes of Hearing entered in Vol. 314 page(s) 24 - 25 Abstract of Hearing placed on file
-	2015-04-29	Ottawa	Communication to the Court from the Registry dated 29-APR-2015 re: Applicant's Motion to "Create a class" sent to court for disposition[/color]

Matthew Jeffrey (appeal in Supreme Court of Canada)
1. [Ali Raza Jafri, et al.] http://www.scc-csc.gc.ca/case-dossier/info/dock-regi-eng.aspx?cas=36213

[color=blue]2015-05-04	Correspondence received from, (Letter Form), 11 self-represented Applicants, re: email dated May 4, 2015 - decision of the Court	Yu CaiHua
2015-05-01	Copy of formal judgment sent to Registrar of the Court of Appeal and all parties	
2015-05-01	Judgment on leave sent to the parties[/color]

 

[warmest]

Toronto lawyer Rocco Galati has now taken over the files from Leahy, who says that when his lead client in Liang v. Canada (Citizenship and Immigration) [http://www.canlii.org/en/ca/fct/doc/2012/2012fc758/2012fc758.html] won the right to have his skilled-worker application reopened, that ruling should have applied to 1,300 other clients as per an agreement the Immigration Department had signed in February 2012.

Galati says a hearing is to take place on April 21 after the court granted leave to appeal a decision not to enforce the agreement.

He says he agrees the government is “backpedalling on the agreement” by claiming subsequent legislation that terminated many skilled-worker cases nullified the accord it had signed in 2012.

“Liang was argued, Mr. Leahy was successful, it was not appealed. So those [other] cases should be decided on their merit just like Liang because they were all brought before the new law came in,” says Galati.

“They [the government] are relying on a provision of the legislation that retroactively extinguishes cases in the court brought before the legislation came in,” he adds.

“I'm bringing a constitutional challenge of that provision saying you can't do that, you can't retroactively tell the court how to decide something that was before the court before you brought your legislation.”

http://www.lawtimesnews.com/201502024455/headline-news/tim-leahy-disbarred-after-years-of-battles-with-lsuc

 

[warmest]

Here are the latest updates for:

Tim Leahy (cases currently handled by Rocco Galati in Federal Court of Canada)
1. [Young Mi Back] http://cas-ncr-nter03.cas-satj.gc.ca/IndexingQueries/infp_RE_info_e.php?court_no=IMM-1-13

[color=blue]-	2015-05-07	Toronto	Oral directions of the Court: The Honourable Mr. Justice Campbell dated 07-MAY-2015 directing CMC scheduled May 12,2015 may now be taken off the schedule. received on 07-MAY-2015
-	2015-05-04	Toronto	Memorandum to file from Toronto dated 04-MAY-2015 Campbell J. at hearing this date determined available dates for counsel re:judicial review hearing:May 25-27;July 27-early August;August 31-Sept.4, 2015, otherwise JA to contact parties directly;at issue:Notice of Constitutional Question, filed March 10,2015,Argument filed March 11,2015 doc.14 and Respondent's argument filed April 2,2015 doc.21.Forwarded to JA Trial. placed on file.[/color]

2. [Haiyan Gong] http://cas-ncr-nter03.cas-satj.gc.ca/IndexingQueries/infp_RE_info_e.php?court_no=IMM-6828-12

[color=blue]-	2015-05-07	Toronto	Oral directions of the Court: The Honourable Mr. Justice Campbell dated 07-MAY-2015 directing The CMC scheduled 12-May-2015 may now be removed from the schedule. received on 07-MAY-2015
-	2015-05-04	Toronto	Memorandum to file from Toronto dated 04-MAY-2015 Following cmc this date Campbell J. forwarded available dates for counsel re:judicial review, forwarded to JA Trial:May 25-27;July 27-earl August;August 31-September 4,2015; at issue:Notice of Constitutional Question filed March 10,2015;argument dated March 11 doc.14 and respondent's argument filed April 2,2015 doc.21. placed on file.[/color]

Matthew Jeffrey (appeal in Supreme Court of Canada)
1. [Ali Raza Jafri, et al.] http://www.scc-csc.gc.ca/case-dossier/info/dock-regi-eng.aspx?cas=36213

[color=blue]2015-05-06	Correspondence (sent by the Court) to, Parties, re: response to May 4th, 2015, email correspondence	
2015-05-05	Close file on Leave[/color]

 

[warmest]

Legal scrappers Rocco Galati and Joseph Groia elected Ontario law society benchers

One was convicted for “incivility” — essentially being rude — in the courtroom, while the other relishes a good fight with the federal government.

Both lawyers, Joseph Groia and Rocco Galati, are variously described by their peers as scrappers who never shy away from a legal confrontation with powerful institutions, and as outliers unafraid to shake up the status quo.

This week, they joined the establishment when they were elected as benchers of the Law Society of Upper Canada, where they will help set policy for the regulatory body and perhaps even sit on disciplinary panels.

While Groia has made a name for himself taking on corporate Canada, Galati has carved out an image as a constant — and successful — thorn in the federal government’s backside.

He famously challenged the Harper government’s nomination of Federal Court of Appeal Justice Marc Nadon to the Supreme Court of Canada.

After the government also asked the top court for guidance on the issue, the Supreme Court found that the choice of Nadon for one of the court’s three Quebec seats was unconstitutional because he was not a member of the Quebec bar, nor was he a judge with Quebec’s superior courts.

Galati, who has also taken on deputy Federal Court judges, CSIS, the Canadian Judicial Council and, recently, the Bank of Canada, said he was “grateful” to have been elected.

“Given the slate of elected benchers, it will be an interesting four years, with the real possibility for meaningful substantive and progressive change in the profession.”

Galati told the Torstar in 2013: “As Canadians we prefer not to engage, and pretend that everything is OK. And it’s not.”

Galati will bring a “healthy and principled skepticism” to the Law Society, said Criminal Lawyers Association president Anthony Moustacalis.

“He is someone who cares about what he does, and making sure that the little person is well represented … I think people want somebody who cares about the law and about the public, and I think Rocco will be a passionate voice for that.”

Having two such high-profile lawyers as benchers could increase public interest in the Law Society, said Lorne Sossin, dean of Osgoode Hall Law School.

“Each made clear their interest in joining the leadership of the Law Society was not to further the status quo. Both are known for the energy and passion of their commitments,” he said.

“Given their profile, I think their becoming benchers at the Law Society will give rise to broader public interest in the workings of the LSUC, and create some intriguing (and I think uncharted) terrain.”

http://metronews.ca/news/canada/1357659/legal-scrappers-rocco-galati-and-joseph-groia-elected-ontario-law-society-benchers/

 

[warmest]

Notice – Update on Fee Returns for Federal Skilled Worker applicants affected by the backlog elimination
October 18, 2013

Over the past year, Citizenship and Immigration Canada (CIC) has been returning fees paid to the Department for Federal Skilled Worker (FSW) applications terminated as a result of the Government of Canada's Jobs, Growth and Long-Term Prosperity Act.

If you applied before February 27, 2008, and have not heard from CIC about whether a decision based on FSW program selection criteria (*see below) was made on your application, you may be affected by this law.

If you fall under this category, CIC needs to verify your contact information is up to date so that your fee return will reach you at your current address. Please note that interest will not be paid on the fees.

Please confirm your latest contact details by sending CIC this form (PDF, 1.44 MB). Communicating with us electronically is the best and easiest way to have your fee return processed.

Due to the large number of affected applicants, the fee return process may take some time. We expect most people will receive their fees back within six months, but there may be possible delays in cases where applicants are located in countries with international banking restrictions. We appreciate your patience.

Your FSW application has been terminated by operation of law if:

• you applied before February 27, 2008, and
• a decision based on FSW program selection criteria* was not made on your application by an immigration officer before March 29, 2012.

(*A “FSW program selection criteria” decision means that a CIC officer has determined that you have accumulated enough points to qualify for the program, based on factors such as your language skills, education and work experience.)

If you remain interested in immigrating to Canada, you may be eligible under other immigration programs. To find out more about the requirements and steps to apply in each category, please see Immigrating to Canada.

For more information, please see these Frequently Asked Questions.

http://www.cic.gc.ca/english/department/media/notices/notice-returns.asp


Backgrounder — Frequently asked questions: Fee Returns for Federal Skilled Worker applicants
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, 1.44 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, 1.44 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.

Most people should get their fees back within six months. There may be longer delays in some cases, such as if:

• you live in a country where there are international banking restrictions,
• the cheque we issued was lost in the mail or was stolen,
• we need more information from you or the visa office to issue the fee return.

Note: CIC will not answer inquiries on the status of your fee return until six months after the day we get the completed form set out in Q4 above.

We will send you an email confirmation when your return of fees payment is issued.

If you have not received your cheque after two months from the date of that email, you may contact us by email. Any inquiries made sooner than this will not be answered.

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 the fee returns successfully reach the intended recipients. However, we cannot be responsible for the mail delivery services of other countries.

If it has been more than two months since you got an email confirmation from us, and you have not received your cheque yet, you may contact us by email so we can follow up as necessary.

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.

http://www.cic.gc.ca/english/department/media/backgrounders/2012/2012-10-12.asp