Federal Skilled Worker Class Action Lawsuit

[warmest]

Dear Friends,,, Hi, this is my first message in this group. I am from India and a Non Litigant applicant of March 2006. My case is a bit different from young members. When i applied for immigration ,my age was 40 years and has was awarded full points for age.Now I am 50+ and points for age have fallen down to ZERO. When I applied for immigration my Children were minor and hence included in my application where as now my children are 21 + and cannot be included in my application. I paid processing fee for me ,my wife and two children. Refund has still not been sent to me rather I have still not applied for the refund.
h vamoa

Hi! I am also a non-litigant aged 52 years now and I applied in December 2007. I have similar case. I think points at the time of application are taken into account and not on the date of processing. Also, the rules at the time of application are applicable and new rules are not applicable retrogradely. That is the main point for litigation that they have broken this rule by previous govt. Let us see what they do now. I think if the way in which pre 27 Feb 2008 applications were terminated is proved to be injustice then all the applicants including non-litigants should get the benefit. Law should be law and justice should be justice whether we apply for it or not! I have never applied for refund!

I am ready to participate and support the proposal of Mr. Warmest!

I hope we all must get justice!

Thanks!

Hi Everyone. I am also ready to participate and support Mr.Warmest's proposal. Does anyone have any idea ,How applications were slashed ,,How many applicants have taken the refund and How many are still pending. I don't want the Exact figures just rough idea.
I propose that we should draft letters and send the same to the new Liberal Government through email. May be the New Government of Canada decides to revoke C-38 and give us one chance to get PR. Anyhow we must plan to approach/put pressure on the new Govt. to revert the previous Govt.'s decision .

Dear ravibhagi and Dramebaaz,
You are welcome here.

Glad to know that you both are willing to participate in and support my proposal.

As for points for age, you will get points based on the date of your application and not based on the date of processing your application. Regarding including/excluding your minor/major children from your application, I think, you should not worry about it right now. If your application is taken up for processing, I think, CIC cannot exclude your children from your application just because they are major now. You can think about crossing the bridge when you come to it.

About how many applicants have taken a refund and how many are pending, I have no idea. Even if some/many have taken a refund, their applications will not be abolished until 8 years. Their files will be kept in cold storage during that period as per the assurance given by government to court and if needed, they can be brought to life within that said period.

Regarding the mandamus litigation of Tim Leahy, please understand that if Justice Russell rules in favour of litigants it will only benefit those 1300 (750+550) litigants. Since it is not a class action lawsuit, it will not benefit the applicants (non-litigants and ex-litigants) of the remaining ~78700 flies that were closed by Section 87.4 of Bill-38. Moreover, the only issue/consideration before Justice Russell would be about whether or not to enforce the February 2012 agreement that was made between the government and the litigants. Justice Russell, in this case, is not expected to dwell upon the (il)legality of the passage of Section 87.4 of Bill-38 because this case was filed even before the bill was tabled in parliament.

The non-litigants and ex-litigants can either expect the new government on its own to revoke Section 87.4 of Bill-38 or file a fresh litigation seeking direction from court for its revocation. For the former to happen, no effort is required from the non-litigants and ex-litigants. But if the government does not do it on its own in the next couple of months, then the non-litigants and ex-litigants will have to either influence the government by mounting pressure through lobbying or file a fresh litigation. To do both of these if the government does not revoke on its own, the non-litigants and ex-litigants should first form a strong group and then approach a legal expert or lobbying group in Canada to take things forward.

From my understanding of the present situation of the non-litigants and ex-litigants and the recent positive political developments in Canada, I would advise the non-litigants and ex-litigants to first form a big group here in this board (either in this thread or by forming a new thread) and then discuss and decide on the next course of action of either contacting a legal expert or a lobbying group in Canada. I assure you all of my help at every stage of this process. I am sure other litigant boarders here will also chip in whenever needed and where ever necessary. You can be assured of our support.

Now, I would request the active non-litigant boarders like hamid22, Imran Khan Jadoon and pranx125 to join ravibhagi and Dramebaaz to become the founding members of this new group and to actively take part in its activities. To begin with, I would request either Dramebazz or ravibhagi or hamid22 or Imran Khan Jadoon or pranx125 to take the lead and spearhead this group.

Best wishes to all of you.

 

[IMRANKHANJADOON]

THIS IS IMRAN KHAN JADOON FROM PAKISTAN.

PLEASE JOIN THE GROUP IF YOU ARE NON LITIGANTS AND TO SETTLE IN CANADA IN REAL SENSE,WE SHOULD UNITE , & COORDINATE AS A STUBBORN ,REALLY THIS IS OUR RIGHT,WHETHER WE ARE FROM PAKISTAN,CHINA,INDIA OR ANY OTHER COUNTRY.WE SHOULD NEVER EVER THINK THIS WE PAKISTANI,WE ARE CHINESE, WE ARE INDIAN,BUT WE SHOULD THINK ABOUT THIS WE ARE HUMAN BEINGS ,WE HUMANITY.

THIS MY HUMBLY REQUEST TO ALL OF YOU MY RESPECTED FRIENDS FROM ALL COUNTRIES TO PLEASE OPEN YOUR EYES GET UNITED AND FILE PETITION TO NEWLY CANADIAN GOVT AS WELL AS NEWLY ELECTED MEMBERS FROM INDIA TO RAISE OUR VOICE AND HAND OVER OUR PETITION TO JUSTIN TRUDEAU PRIME MINISTER OF CANADA TO TERMINATE SECTION 87.4 OF BILL C-38 ,OPEN UP BACK LOG APPLICATIONS AND LET OUR APPLICATIONS TO PROCESS.
IT DOES NOT MATTER WHETHER YOU RECEIVED YOUR APPLICATION FEE REFUND .IF YOU KNOW ANY BODY HE/ SHE PLEASE ASK HIM / HER TO PARTICIPATE THE FORUM / GROUP AS SOON AS POSSIBLE.

LET US UNITE TOGETHER AND PRAY FOR SUCCESS.

REGARDS
GOD BLESS YOU
GOD BLESS CANADA

IMRAN KHAN JADOON

 

[masoodsattar786]

Dear ,

I am also part of the case , and will member of the forum , i always motivate and encourage to the rest of the members.

Masood

 

[avani_santanu]

Dear Imran and all beloved members of this thread,
I,being a applicant of august 2004,do share your sorrow and patience for last 11 years.I am a doctor from india and regular follower of ur thread.Due to my profession I cant join ur group.Recently I joined ur group and am also a nonlitigant.I also support for formation of new group and approach to new govt.to revert bill c-38 through fresh litigation.What will I have to do now?

Thnks.

 

[hamid22]

Dear ravibhagi and Dramebaaz,
You are welcome here.

Glad to know that you both are willing to participate in and support my proposal.

As for points for age, you will get points based on the date of your application and not based on the date of processing your application. Regarding including/excluding your minor/major children from your application, I think, you should not worry about it right now. If your application is taken up for processing, I think, CIC cannot exclude your children from your application just because they are major now. You can think about crossing the bridge when you come to it.

About how many applicants have taken a refund and how many are pending, I have no idea. Even if some/many have taken a refund, their applications will not be abolished until 8 years. Their files will be kept in cold storage during that period as per the assurance given by government to court and if needed, they can be brought to life within that said period.

Regarding the mandamus litigation of Tim Leahy, please understand that if Justice Russell rules in favour of litigants it will only benefit those 1300 (750+550) litigants. Since it is not a class action lawsuit, it will not benefit the applicants (non-litigants and ex-litigants) of the remaining ~78700 flies that were closed by Section 87.4 of Bill-38. Moreover, the only issue/consideration before Justice Russell would be about whether or not to enforce the February 2012 agreement that was made between the government and the litigants. Justice Russell, in this case, is not expected to dwell upon the (il)legality of the passage of Section 87.4 of Bill-38 because this case was filed even before the bill was tabled in parliament.

The non-litigants and ex-litigants can either expect the new government on its own to revoke Section 87.4 of Bill-38 or file a fresh litigation seeking direction from court for its revocation. For the former to happen, no effort is required from the non-litigants and ex-litigants. But if the government does not do it on its own in the next couple of months, then the non-litigants and ex-litigants will have to either influence the government by mounting pressure through lobbying or file a fresh litigation. To do both of these if the government does not revoke on its own, the non-litigants and ex-litigants should first form a strong group and then approach a legal expert or lobbying group in Canada to take things forward.

From my understanding of the present situation of the non-litigants and ex-litigants and the recent positive political developments in Canada, I would advise the non-litigants and ex-litigants to first form a big group here in this board (either in this thread or by forming a new thread) and then discuss and decide on the next course of action of either contacting a legal expert or a lobbying group in Canada. I assure you all of my help at every stage of this process. I am sure other litigant boarders here will also chip in whenever needed and where ever necessary. You can be assured of our support.

Now, I would request the active non-litigant boarders like hamid22, Imran Khan Jadoon and pranx125 to join ravibhagi and Dramebaaz to become the founding members of this new group and to actively take part in its activities. To begin with, I would request either Dramebazz or ravibhagi or hamid22 or Imran Khan Jadoon or pranx125 to take the lead and spearhead this group.

Best wishes to all of you.

Dear warmest and other forum members,

Greeting !
I read all of your comments and am fully agree with you to form a group and file a new litigation for our rights. I hereby humbly request all those applicants who effected by bill-38 to join this thread or a new thread to discuss this issue and proceed for our rights.

Best,

 

[Tipu Zaidi]

Dear Warmest’s
I am from Pakistan I applied in Nov-2005 and not forward the case in any court. I have taken the refund in 2014.so what is my future?
Regard’s
Salman

 

[Mohawk]

Dear ravibhagi and Dramebaaz,
You are welcome here.

Glad to know that you both are willing to participate in and support my proposal.

As for points for age, you will get points based on the date of your application and not based on the date of processing your application. Regarding including/excluding your minor/major children from your application, I think, you should not worry about it right now. If your application is taken up for processing, I think, CIC cannot exclude your children from your application just because they are major now. You can think about crossing the bridge when you come to it.

About how many applicants have taken a refund and how many are pending, I have no idea. Even if some/many have taken a refund, their applications will not be abolished until 8 years. Their files will be kept in cold storage during that period as per the assurance given by government to court and if needed, they can be brought to life within that said period.

Regarding the mandamus litigation of Tim Leahy, please understand that if Justice Russell rules in favour of litigants it will only benefit those 1300 (750+550) litigants. Since it is not a class action lawsuit, it will not benefit the applicants (non-litigants and ex-litigants) of the remaining ~78700 flies that were closed by Section 87.4 of Bill-38. Moreover, the only issue/consideration before Justice Russell would be about whether or not to enforce the February 2012 agreement that was made between the government and the litigants. Justice Russell, in this case, is not expected to dwell upon the (il)legality of the passage of Section 87.4 of Bill-38 because this case was filed even before the bill was tabled in parliament.

The non-litigants and ex-litigants can either expect the new government on its own to revoke Section 87.4 of Bill-38 or file a fresh litigation seeking direction from court for its revocation. For the former to happen, no effort is required from the non-litigants and ex-litigants. But if the government does not do it on its own in the next couple of months, then the non-litigants and ex-litigants will have to either influence the government by mounting pressure through lobbying or file a fresh litigation. To do both of these if the government does not revoke on its own, the non-litigants and ex-litigants should first form a strong group and then approach a legal expert or lobbying group in Canada to take things forward.

From my understanding of the present situation of the non-litigants and ex-litigants and the recent positive political developments in Canada, I would advise the non-litigants and ex-litigants to first form a big group here in this board (either in this thread or by forming a new thread) and then discuss and decide on the next course of action of either contacting a legal expert or a lobbying group in Canada. I assure you all of my help at every stage of this process. I am sure other litigant boarders here will also chip in whenever needed and where ever necessary. You can be assured of our support.

Now, I would request the active non-litigant boarders like hamid22, Imran Khan Jadoon and pranx125 to join ravibhagi and Dramebaaz to become the founding members of this new group and to actively take part in its activities. To begin with, I would request either Dramebazz or ravibhagi or hamid22 or Imran Khan Jadoon or pranx125 to take the lead and spearhead this group.

Best wishes to all of you.

Hi Mandamus litigants,

Just to let you know that I have created a new thread < *** FSW Mandamus Lawsuit of Tim Leahy ***>, to address/help in any way we can. We should thank Warmest, I hope he won't mind I have used his title heading for this thread.

All those who fall in this category, please join us.

Thanks,

Mohawk

 

[Shajitmathew]

Good luck frends. KEEP FAITH IN GOD.

 

[warmest]

Hi Mandamus litigants,

Just to let you know that I have created a new thread < *** FSW Mandamus Lawsuit of Tim Leahy ***>, to address/help in any way we can. We should thank Warmest, I hope he won't mind I have used his title heading for this thread.

All those who fall in this category, please join us.

Thanks,

Mohawk

Well done Mohawk, keep your flag flying high. Thanks for christening this new thread as "FSW Mandamus Lawsuit of Tim Leahy", following my suggestion.

Identifying myself, I belong to the '750 litigants group' who joined the lawsuit before 18 June 2012. Likewise I request all the 1300 clients of Tim Leahy to identify themselves so that we can manage the groups more effectively. The groups are
(1) '750 litigants group' = Those who joined the lawsuit BEFORE 18 June 2012
(2) '550 litigants group' = Those who joined the lawsuit AFTER 18 June 2012

Until the newly created thread at http://www.canadavisa.com/canada-immigration-discussion-board/fsw-mandamus-lawsuit-of-tim-leahy-t371221.0.html;msg4731895#msg4731895 gets a good number of litigants on it's board, I request fellow litigants to duplicate their postings both here and in the new thread so that no litigant misses any information.

Let us hope Justice Russell rules in favour of we litigants. God is great and let us offer our prayers to him seeking his blessings.

 

[Shajitmathew]

Well done Mohawk, keep your flag flying high. Thanks for christening this new thread as "FSW Mandamus Lawsuit of Tim Leahy", following my suggestion.

Identifying myself, I belong to the '750 litigants group' who joined the lawsuit before 18 June 2012. Likewise I request all the 1300 clients of Tim Leahy to identify themselves so that we can manage the groups more effectively. The groups are
(1) '750 litigants group' = Those who joined the lawsuit BEFORE 18 June 2012
(2) '550 litigants group' = Those who joined the lawsuit AFTER 18 June 2012

Until the newly created thread at http://www.canadavisa.com/canada-immigration-discussion-board/fsw-mandamus-lawsuit-of-tim-leahy-t371221.0.html;msg4731895#msg4731895 gets a good number of litigants on it's board, I request fellow litigants to duplicate their postings both here and in the new thread so that no litigant misses any information.

Let us hope Justice Russell rules in favour of we litigants. God is great and let us offer our prayers to him seeking his blessings.

I am from the first ggroup pof 750 litigants (750 litigants group[/b]' = Those who joined the lawsuit BEFORE 18 June 2012).

I ahev full faith in God

 

[warmest]

Friends, I had an e-mail communication with our lawer and as per him a new litigation for those non litigants and those litigants who lost the case are of no use. Also he will not lead a case if requested to him as it is very clear to loss. The only option he says is to lobby with the new immigration minister after knwoing who it is. Also it need a lot of efforts and influence from the citizen, not from us or from our governments, whih is a remote possibility. Let us pray for our litigation at tis moment

If you can post here the exact text of your email to Tim Leahy and his reply to you, it will be very useful to all of us including our non-litigant and ex-litigant friends whom you have represented to Tim Leahy.

 

[Shajitmathew]

I am from the first ggroup pof 750 litigants (750 litigants group[/b]' = Those who joined the lawsuit BEFORE 18 June 2012).

I ahev full faith in God

In fact I am not in faour of publishing the communication in a forum, but still if it can be of any use to anybody, I am posting it

Dear Shaji,


As matters currently stand, I will not be involved in such an effort because I believe any litigation to be doomed to failure. The only hope would be by lobbying Parliament and whoever becomes the new Minister of Citizenship and Immigration. We may know the latter in a couple of weeks.


Regards,


Tim


On Tue, Oct 27, 2015 at 12:59 AM, shaji mathew <shajitmpallickal2005@rediffmail.com> wrote:

Good morning sir,


This is regarding an ongoing discussion in one of the discussion board about our litigation (Federal skilled worker class action law suit), a team of those pre june 2008 applicants are planning to file a fresh case and are aiming to do it through you. Pls advice the litigants whether it is a good move or not. If it is good for us and those others who are no litigants, please get to them and provide your assistance. Also if it will have a negative imact on the ongoing litigation , please advice us so that at least we will not participate in such discussion. My opinion is that every body should get justice.

Thanks & Regards,
Shaji T Mathew

 

[warmest]

What willbe the use. R u planning to file a new case? or to appeal to the government? what can be done except filing a case? Who can convince government to revoke C-34? And most importantly, what will be the out come of Tims case, in whih I am also a litigant. Let us pray to the god. Only he can help us who are helpless at this moment.

Friends,

Really appriciate your efforts and ideas. But please note that in the last e-mail from Mr. Tim, he have hinted of not publishing the opinion in forums. My understanding is that some opinions can hurt some body including authorities and can cause negative impacts. Crticism is good to correct, but in our case we depends on the decission of a countries judiciery, where we all dream to go and settle and to have a good life and to contribute to that country. Members like warmest are really kind hearted and concerned about other applicants but non litigants. But it shows that most of them are not at all bothered as they all have accepted the fees back and not raising any concern. It will be better if anybody concerned bring their plight into the notice of new government and request their attention. Only that can work in my opinion. A new case also can take years to conclude. Government only can do something. Also GOD is great and he have great plan for each and every individual.

Friends, I had an e-mail communication with our lawer and as per him a new litigation for those non litigants and those litigants who lost the case are of no use. Also he will not lead a case if requested to him as it is very clear to loss. The only option he says is to lobby with the new immigration minister after knwoing who it is. Also it need a lot of efforts and influence from the citizen, not from us or from our governments, whih is a remote possibility. Let us pray for our litigation at tis moment

In fact I am not in faour of publishing the communication in a forum, but still if it can be of any use to anybody, I am posting it

Dear Shaji,


As matters currently stand, I will not be involved in such an effort because I believe any litigation to be doomed to failure. The only hope would be by lobbying Parliament and whoever becomes the new Minister of Citizenship and Immigration. We may know the latter in a couple of weeks.


Regards,


Tim


On Tue, Oct 27, 2015 at 12:59 AM, shaji mathew <shajitmpallickal2005@rediffmail.com> wrote:

Good morning sir,


This is regarding an ongoing discussion in one of the discussion board about our litigation (Federal skilled worker class action law suit), a team of those pre june 2008 applicants are planning to file a fresh case and are aiming to do it through you. Pls advice the litigants whether it is a good move or not. If it is good for us and those others who are no litigants, please get to them and provide your assistance. Also if it will have a negative imact on the ongoing litigation , please advice us so that at least we will not participate in such discussion. My opinion is that every body should get justice.

Thanks & Regards,
Shaji T Mathew

I first of all condemn your selfish attitude. You have jumped the gun and spoiled the chances of our non-litigant (including ex-litigant) friends and brought disrepute to we litigants. You have actually misrepresented all of us (litigants and non-litigants) to Tim Leahy. Who asked you to (mis)represent us? Did you seek our permission or at least did you inform us before contacting him? Even now, I doubt whether you have actually posted the exact text of your email correspondence. I suspect you would have deleted or edited some portions of text which might show you as a villain in this board. In some of your previous posts (shown above), you were against us helping the non-litigants. Then why did you write on their behalf pretending as if you are going to help them? In the disguise of helping them, you have played spoilsport. You are a black sheep. With your extremely wicked act, you have betrayed and back-stabbed all of us. God will not forgive you. I asked you to post the email communication because I want you to be exposed here so that everyone can see for themselves your atrocities.


Dear non-litigants and ex-litigants,
Our worst nightmare has come true. All this while, we have been having a black sheep among us working against us. Don't think only Jason Kenny and Stephen Harper were against you from immigrating to Canada. Now, we have found an Indian version of them here in this board. It is good that he has been exposed now. Hereafter he can't scuttle your chances. I request all of you to discuss about this villain's atrocities and shoot questions to him for him to answer here. Bring him to his knees.

http://www.canadavisa.com/canada-immigration-discussion-board/fsw-mandamus-lawsuit-of-tim-leahy-t371221.0.html;msg4734823#msg4734823

 

[Shajitmathew]

I first of all condemn your selfish attitude. You have jumped the gun and spoiled the chances of our non-litigant (including ex-litigant) friends and brought disrepute to we litigants. You have actually misrepresented all of us (litigants and non-litigants) to Tim Leahy. Who asked you to (mis)represent us? Did you seek our permission or at least did you inform us before contacting him? Even now, I doubt whether you have actually posted the exact text of your email correspondence. I suspect you would have deleted or edited some portions of text which might show you as a villain in this board. In some of your previous posts (shown above), you were against us helping the non-litigants. Then why did you write on their behalf pretending as if you are going to help them? In the disguise of helping them, you have played spoilsport. You are a black sheep. With your extremely wicked act, you have betrayed and back-stabbed all of us. God will not forgive you. I asked you to post the email communication because I want you to be exposed here so that everyone can see for themselves your atrocities.

http://www.canadavisa.com/canada-immigration-discussion-board/federal-skilled-worker-class-action-lawsuit-t113853.0.html;msg4734712#msg4734712

Few forum mates, first of all what is the reason for you become so arrognat, and show your identity, what are you hiding? Those who proposed a non profit service for those who lost the case (the already suffered lot) have any profit here. Total chnge of attitude is visible. Are there any percentage offered by any body for joining the poor victims of the back log elimination. Go to the link below and read and see the allegations about those who did same type of non profit help to those lost litigants. Is it the same team hiding behind the non identity. I expected this reaction and hence asked some body whom I believe. I felt that those who lost (tomorrow it could be me also as well) are going to be exploited), and the hard earned money can be lost. That was the reason I did this. Also if any body with out real identity use any abusive words further, I will be forced to complain to cyber cell and take acion. Please work hard and earn, dont give hope and ceat people. Also, If god punishes me, I will happly accept that, as I know what ever he do to me will be good for me. In fact the arguement does not deserve a replay, still I thought of resonding and make the people aware, no body more will be cheated. Others can take it in any way. Think twice before taking adecission.

https://secure.immigration.ca/forum/forum_posts.asp?TID=17&PN=1761&title=chc-delhi-2004-applicants

I will not be responding to any of such third class comments further. Please revel the identity fo those who are hiding in false name, then criticise any body. Beware that using abusive language is criminal act as per IPC. Hence I have the right to complain. Please do not further extend this forum for such acts, whihc is defanitely not in intention, if not forced to.

I belive in GOD, and will live as per his directives only.

 

[warmest]

Few forum mates, first of all what is the reason for you become so arrognat, and show your identity, what are you hiding? Those who proposed a non profit service for those who lost the case (the already suffered lot) have any profit here. Total chnge of attitude is visible. Are there any percentage offered by any body for joining the poor victims of the back log elimination. Go to the link below and read and see the allegations about those who did same type of non profit help to those lost litigants. Is it the same team hiding behind the non identity. I expected this reaction and hence asked some body whom I believe. I felt that those who lost (tomorrow it could be me also as well) are going to be exploited), and the hard earned money can be lost. That was the reason I did this. Also if any body with out real identity use any abusive words further, I will be forced to complain to cyber cell and take acion. Please work hard and earn, dont give hope and ceat people. Also, If god punishes me, I will happly accept that, as I know what ever he do to me will be good for me. In fact the arguement does not deserve a replay, still I thought of resonding and make the people aware, no body more will be cheated. Others can take it in any way. Think twice before taking adecission.

https://secure.immigration.ca/forum/forum_posts.asp?TID=17&PN=1761&title=chc-delhi-2004-applicants

I will not be responding to any of such third class comments further. Please revel the identity fo those who are hiding in false name, then criticise any body. Beware that using abusive language is criminal act as per IPC. Hence I have the right to complain. Please do not further extend this forum for such acts, whihc is defanitely not in intention, if not forced to.

I belive in GOD, and will live as per his directives only.

Good morning,


I have a simple question for you Mr. Shajitmathew, who asked you to write to Mr. Tim Leahy on behalf of the litigants?

At this stage we are waiting for the ruling of Justice Russell. You have behaved irresponsibly by your act, now you should feel ashamed of yourself. As warmest rightly puts it, you are the black sheep of this forum!

Ok Mandamus litigants you are now on your own.

Cheerio,

Mohawk

Well done Mohawk, you have hit the nail on its head.