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Federal Skilled Worker Class Action Lawsuit

hopeful4

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Sep 2, 2012
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10-3-2010
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wonderful: Tim is indeed charging 1500 in total but the service you will get from him is excellent . No other lawyer will care to answer your inquiries within one hour. He really takes care of every individual case and tries to solve it.
I Joined Cohen and 4 weeks later I had to join Tim too because Cohen does not update his clients regularly of what is going on. For example after the hearing of the 18th of September , Tim updated his clients with all details one day later (though it is not his lawsuit) while Cohen released his update two weeks later!!

I have to say though that Chris Collete (who works for Cohen) answers e mails too within 2 or 3 days but he is never so involved and ready to help like Tim. For example after exchanging about 5 e mails with him about my case he wrote that I should contact the Singapore office about the closure of my file.
My file is actually in Vienna and it was not closed!! after reading that I wished there was some way that I could get a refund of my 500 dollars,,,,,,unfortunately there is not.
In short Cohen is making business , Tim is really helping us.
 

warmest

Hero Member
Oct 11, 2012
494
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Mumbai
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New Delhi, India
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Doc's Request.
Submitted along with application
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04 Jun 2005
IELTS Request
Submitted in Jul 2005
Thanks hopeful4 for letting us know one more misdeed of Cohen group. They seem to be mad guys. Why did they ask you to contact Singapore office instead of Vienna, which is your visa office? They really do not deserve your 500 dollars. :(
 

warmest

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Oct 11, 2012
494
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hopeful4: Why not you write to them to return your money back, because they have not provided you with professional service? If I would have been in your position, I would have asked for a refund from them (even if the Agreement says the money is non-refundable). :(
 

hopeful4

Hero Member
Sep 2, 2012
344
12
Category........
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vienna
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4012
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Pre-Assessed..
App. Filed.......
28-9-2007
Doc's Request.
10-3-2010
AOR Received.
18-1-2008
IELTS Request
10-3-2010
File Transfer...
17-5-2012
Med's Request
18-3-2013
Med's Done....
21-3-2013
Passport Req..
16-4-2013
VISA ISSUED...
26-4-2013
LANDED..........
June-July 2013
Really ? I Had no idea about that . I Might actually consider it since the core of their lawsuit is about files that were closed while my file is still open (I found out later that I am one of the 20k whose files were not closed). A refund will help me to pay Tim the rest of his fees. I will contact them and see. I expect they will never issue a full refund because they already pied for me 50 as fees in the court
 

warmest

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Oct 11, 2012
494
13
Mumbai
Category........
Visa Office......
New Delhi, India
NOC Code......
0211
Job Offer........
Pre-Assessed..
App. Filed.......
12 Mar 2005
Doc's Request.
Submitted along with application
AOR Received.
04 Jun 2005
IELTS Request
Submitted in Jul 2005
You can give a try. No harm trying. Write to them of how they did not give you quality and timely professional service and how they misguided you by asking you to contact Singapore visa office instead of Vienna visa office. Tell them they do not deserve your money and hence ask them to return it back to you. Never mind if they do not issue you a full refund. Something is better than nothing. Is it not? All the best.
 

farmerofthedell

Star Member
Jun 21, 2012
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Vancouver, BC
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FSW
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Manila
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0016
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2014-09-12
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2014-12-30
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2015-07-02
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2015-07-07
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warmest said:
Lorne Waldman IMM-8747-12
Waldman's lead case might be 3801, not 8747, although both were being updated up to early this month. Notes in the lead cases' files where the lawyers have combined their files.

Also, I am curious on why Delhi VO would request for updates from applicants if they were not going to assess the applicants at that time.

P.S. I stand corrected on 8747. I saw on the 3801 file that they are designating 8747 as the lead case as of Oct 16.
 

jo_1501

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Jul 4, 2011
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Notice – Fee Returns for Federal Skilled Worker applicants affected by the backlog elimination measure
October 12, 2012

The content below is offered in PDF format. For more information or to download the appropriate viewer, check the Help page.
Citizenship and Immigration Canada (CIC) is now starting to return fees which were paid to the Department for Federal Skilled Worker (FSW) applications affected by 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 new 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, 1.4 MB). While we will also contact you by regular mail later on if we do not hear from you, 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 from the date your form is received by CIC to the issuance of your cheque. 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[/font]

THis was taken from theCIC website based on this article i don't know where we stand cause one minute they are at court and noot issuing refunds untill a decision is made then this atricle is contradicting that. Please someone shed some light.
 

wounderful

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Oct 18, 2012
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17-07-2005
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original sent with application
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hopeful4 said:
wonderful: Tim is indeed charging 1500 in total but the service you will get from him is excellent . No other lawyer will care to answer your inquiries within one hour. He really takes care of every individual case and tries to solve it.
I Joined Cohen and 4 weeks later I had to join Tim too because Cohen does not update his clients regularly of what is going on. For example after the hearing of the 18th of September , Tim updated his clients with all details one day later (though it is not his lawsuit) while Cohen released his update two weeks later!!

I have to say though that Chris Collete (who works for Cohen) answers e mails too within 2 or 3 days but he is never so involved and ready to help like Tim. For example after exchanging about 5 e mails with him about my case he wrote that I should contact the Singapore office about the closure of my file.

My file is actually in Vienna and it was not closed!! after reading that I wished there was some way that I could get a refund of my 500 dollars,,,,,,unfortunately there is not.
In short Cohen is making business , Tim is really helping us.

Thank you. I think that from forum, website, case numbers, caips are also good instruments for getting an update of these kind of general litigation especially when your pocket speak that "some thing is better than nothing"
 

hopeful4

Hero Member
Sep 2, 2012
344
12
Category........
Visa Office......
vienna
NOC Code......
4012
Job Offer........
Pre-Assessed..
App. Filed.......
28-9-2007
Doc's Request.
10-3-2010
AOR Received.
18-1-2008
IELTS Request
10-3-2010
File Transfer...
17-5-2012
Med's Request
18-3-2013
Med's Done....
21-3-2013
Passport Req..
16-4-2013
VISA ISSUED...
26-4-2013
LANDED..........
June-July 2013
OK wonderful since money is a concern for you I suggest that you wait till the 23rd of November to see if the lawsuit of Cohen is going to turn into a class action. If so you will not have to pay Cohen at all , because the ruling will apply to you anyway
 

wounderful

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Oct 18, 2012
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17-07-2005
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original sent with application
File Transfer...
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hopeful4 said:
OK wonderful since money is a concern for you I suggest that you wait till the 23rd of November to see if the lawsuit of Cohen is going to turn into a class action. If so you will not have to pay Cohen at all , because the ruling will apply to you anyway
True Hopeful4 or at least I will try to manage $ 500 but like to know the deadline for joining is it 23 rd Nov ?

Thank you.
 

wounderful

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Oct 18, 2012
322
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Pakistan
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Islamabad - London
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Pre-Assessed..
App. Filed.......
26-06-2005
AOR Received.
17-07-2005
IELTS Request
original sent with application
File Transfer...
30-09-2010
Hello members:

Please let me know if a class action is not allowed by the court, as it seems to me, what will be next on manage litigation, is it proceed with lead files and applicable to all litigants or it will be decided case to case bases. Any idea ?

Thank you.
 

hopeful4

Hero Member
Sep 2, 2012
344
12
Category........
Visa Office......
vienna
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4012
Job Offer........
Pre-Assessed..
App. Filed.......
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Doc's Request.
10-3-2010
AOR Received.
18-1-2008
IELTS Request
10-3-2010
File Transfer...
17-5-2012
Med's Request
18-3-2013
Med's Done....
21-3-2013
Passport Req..
16-4-2013
VISA ISSUED...
26-4-2013
LANDED..........
June-July 2013
it will be a large lawsuit like that of Tim Leahy with one lead case and the ruling applies to all litigants.
 

wounderful

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Oct 18, 2012
322
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Islamabad - London
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AOR Received.
17-07-2005
IELTS Request
original sent with application
File Transfer...
30-09-2010
hopeful4 said:
it will be a large lawsuit like that of Tim Leahy with one lead case and the ruling applies to all litigants.
Thank you hopeful4. Any idea what is deadline to join litigation ?
 

wounderful

Hero Member
Oct 18, 2012
322
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Pakistan
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Visa Office......
Islamabad - London
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AOR Received.
17-07-2005
IELTS Request
original sent with application
File Transfer...
30-09-2010
Hellow Members:

CIC is doing extra efforts in refund process by processing and updating lists before hearing on November 2012, and if they got equal number of forms for the refunds (equal to cases filed in court by all diferent lawyers) from applicnats they may successfuly demonistrate that it can not be certify it as a class action.

After two full day hearing court will announce if it is class action or manage litigation in both cases have to wait for further heargins etc.

However, wish that will not take six to eight months after that our cases will again in "In process" system and may take one more year.

Entire process may take 1 to 2 years so it is better to apply in new FSW system and get immigration within year if any one get points. But rest like me to wait as due to new points system I can not have 67.
 

warmest

Hero Member
Oct 11, 2012
494
13
Mumbai
Category........
Visa Office......
New Delhi, India
NOC Code......
0211
Job Offer........
Pre-Assessed..
App. Filed.......
12 Mar 2005
Doc's Request.
Submitted along with application
AOR Received.
04 Jun 2005
IELTS Request
Submitted in Jul 2005
farmerofthedell said:
Waldman's lead case might be 3801, not 8747, although both were being updated up to early this month. Notes in the lead cases' files where the lawyers have combined their files.

Also, I am curious on why Delhi VO would request for updates from applicants if they were not going to assess the applicants at that time.

P.S. I stand corrected on 8747. I saw on the 3801 file that they are designating 8747 as the lead case as of Oct 16.
Both IMM-3801-12 and IMM-8747-12 are the court files of YANJUN YIN represented by Lorne Waldman. IMM-3801-12 is the old lead file and IMM-8747-12 is the new lead file. I do not know why Waldman has gone for this sort of arrangement.

Regarding the New Delhi VO, that is how it works. You can see for yourself from the trackitt website that CIC has obtained the updated documents for most of the 2004 and some of the 2005 applicants way back in the last quarter of 2008 and the first quarter of 2009 itself. All such applicants were waiting, in vain, for their medical papers to come all these days. Only last year, they got the news through media that their applications were warehoused, to be disposed off later. Only after this, many applicants started to team up and approached Tim Leahy to fight against the unfairness of CIC through litigation. Now, after a long legal journey (but relatively shorter when compared to our wait in the pre-Feb 2008 backlog queue), we are awaiting the decision from Justice Barnes. Hope to be favourable.

The average processing time for the 2002 and 2003 applicants, who have already obtained their visas and by now settled in Canada, is about 6 years. Not only you, many are curious to know why it takes more than 6 years for CIC to process an immigration application. Who knows, except CIC. :(