Federal Skilled Worker Class Action Lawsuit

[hopefulever]

What is status of tims motion.?

 

[kau_shik_patel]

Good day,

In view of Justice Barnes setting January 14th to 16th as the hearing dates for those counsel who have their written submission served and filed by November 30th, I have decided to file written submissions for each category of litigant we have because, as Justice Barnes has lumped us into the same pot as those fighting closure of the files, I will treat his challenge as applying to us as well. If he does not want to rule on the motion, we can just let a different judge deal with all the issues. I am tired of those living off the avails of Canadian taxpayers instituting a queue-jumping procedure to my clients' detriment.

The problem, however, is that tomorrow, the building where I have my office will have no power, I am in Alberta and Saskatchewan Tuesday through Saturday; the annual immigration conference is the 26th and the 27th and I have a hearing on the 28th, leaving me very little time to prepare written submissions for each category of litigant. I expect to file written arguments for:

1. pre-Bill C-50 litigants whose files
a. were never assessed,
b. were assessed before March 29th or
c. were assessed after March 29th and
2. MI 1 cases.

Between now and December 1st, please refrain from sending me any email. I need to concentrate on getting this material together. So, do not be offended if I do not respond to unsolicited email.

Regards,

Tim

 

[warmest]

This is the latest update from Tim Leahy's www.unfaircic.com.

Justice Barnes set January 14th to 16th as the hearing date for the skilled worker applications challenging the closing of their files if their written submission have been filed by November 30th. Because Justice Barnes has lumped those cases with the unfairCIC.com litigation group, written submissions are expected to be filed by November 30th for each of the sub-categories in the unfairCIC.com litigation contingent; viz., (a) pre-Bill C-50 cases which (i) were never assessed, (ii) were assessed before 29 March 2012 and (iii) were assessed after March 28th; and (b) MI 1 cases, lodged between 27 February 2008 and 25 June 2010. If Justice Barnes refuses to allow to be decided the motion I filed at his direction on June 29th, a different judge may rule on the merits of the cases in January.

 

[warmest]

Here is the Federal Skilled Worker Inventory as of 06 July 2012.

FSW: Pre-C50 Backlog (Appl. Rec'd before February 27, 2008) 101,538 applications (290,763 persons)

FSW: MI-1 (Appl. Rec'd between February 27, 2008 and June 26, 2010) 24,175 applications (68,572 persons)

FSW: MI-2 (Appl. Rec'd between June 26, 2010 and June 30, 2011) 5,963 applications (16,393 persons)

FSW: MI-3 (Appl. Rec'd after July 1, 2011) 8,577 applications (22,521 persons)

 

[warmest]

Thanks for info. Its worth reading.

Thanks bishista1. You are welcome.

 

[warmest]

when visiting Australia a few months ago,my Australian host warned me not to travel to over 70% areas which were unsafe for any indian/south asians??
Please be realistic when making or grading countries,to live.

Well said mdmm.

Yes, guys be cautious. Test the waters before diving in.

 

[warmest]

Regarding the class action lawsuit, now the ball is in the lawyers court. The judge has already played the ball. The judge has asked the lawyers to file their written submissions by 30 November 2012 if they want their applications to be heard on 14-16 January 2013. The lawyers and court registry would be busy now. The whole of December 2012 will also be action packed for the lawyers and the court registry. The lawyers would be busy serving and filing affidavits and memos, cross-examining those of the opposite parties and submitting transcripts of the cross-examinations to the court. The judge will again play the ball only in January 2013.

 

[warmest]

What is status of tims motion.?

Regarding the motion of Tim Leahy, nobody knows where the ball is now exactly. My guess is, the ball is still in the air. Up, very high. Tim has already played the ball and he thinks that he has already served the volley to the judge. But the judge is not aware that the ball is served to him. If the ball reaches him, he will definitely play it. The ball is high in the air. When it reaches the visible range or horizon, Justice Barnes will surely play it. It may happen anytime.

Or, if Justice Barnes wants a substitute to replace him in that particular case, then a different judge may come in and continue the game. This again can happen anytime, may be in December 2012 or January 2013. Who knows, except the judges?

Stay tuned guys, the game is taking interesting twists and turns. It is going to have a nail-biting finish.

 

[warmest]

The posts of Warmest concerning Australia are really useful, but let us please concentrate on the main topic of this thread which is the class action,,,OK?

Thanks for your compliments hopeful4.

I would like to make the following clarification. Our main focus and concentration in this thread would continue to be on the main topic of this thread, that is, the "Federal Skilled Worker Class Action Lawsuit". No doubt about it. We will never miss to update or discuss in this thread of any new developments that take place regarding the main topic. We will continue doing it.

But here we were also updating and discussing about Tim Leahy's litigation, which until yesterday was not part of the FSW class action lawsuit. Since it is a related topic we were discussing it. And the members of this thread were also actively taking part in such discussions. Perfectly alright. No harm in it. Let us continue doing it. Likewise, it will benefit the members if we can also help them with information that will help them to make their own plan B in case our lawsuits fail. Now itself, some of the members are losing hope in this litigation. Hope it makes sense.

 

[tuyen]

Stay tuned guys, the game is taking interesting twists and turns. It is going to have a nail-biting finish.

Not nearly as nail-biting as you think it will be.

And I'm seriously considering paying you if you agree to forgo the ridiculous "ball" references.

 

[warmest]

Yer,Agreed brother.warmest is a v valuable member of this forum but its a time to healup our grieves.Let us Pray to Almighty Allah that a good news come on 23rd of november.

Thank you so much for the compliments brother jevan.

Let us continue to heal each other.

Ultimately, we are going to hear only good news. Cheers. ;D

 

[annel]

Who knows what the changes are for postponing the hearing again?

 

[warmest]

Federal Skilled Worker Backlog Elimination

Economic Action Plan 2012 proposed to terminate applications and return fees paid by certain Federal Skilled Worker Program (FSWP) applicants who applied prior to February 27, 2008. This proposal was introduced in Parliament under Bill C-38 the Jobs, Growth and Long-term Prosperity Act , which has become law. Citizenship and Immigration Canada (CIC) has terminated Federal Skilled Worker files if applicants: applied before February 27, 2008, and did not have a decision made by an immigration officer based on FSW program selection criteria before March 29, 2012.

CIC expects this will affect around 280,000 people including dependants. CIC will return fees paid to the Department, without interest, for applications that are eliminated under the provisions in Bill C-38.
About the Initiative:

The elimination of the FSWP backlog enables Canada to transition to an increasingly fast and flexible economic immigration system. In the future, the Government will explore with provinces, territories and employers approaches to developing a pool of skilled workers who are ready to begin employment in Canada. Legislative change was tabled through the Jobs, Growth and Long-term Prosperity Act, which passed on June 29, 2012. This amendment to the Immigration and Refugee Protection Act has terminated applications for applicants in who applied before February 27, 2008 and did not have a decision based on FSW program selection criteria before March 29, 2012.

CIC has set up a central task force based in Ottawa to handle the fee return process. The Department is currently finalizing the fee return process, which will involve confirming up-to-date contact and payee information.
Who Will Benefit:

This will open the door to “just in time” processing of applications, and to an immigration system that is more nimble and better able to respond to changing labour market needs. This change will benefit employers and provinces. It will also have an impact on future immigration applicants who will have their applications processed in months instead of years.

Eliminating the bulk of this longstanding backlog of FSW applications will allow the Department to focus resources on facilitating the arrival of skilled immigrants who apply under the current eligibility criteria and who meet Canada’s current labour market shortages. CIC expects the backlog elimination measure will affect around 280,000 people currently in the queue, including their dependants.
Initiative Update:

This proposal was introduced in Parliament under Bill C-38, which has become law. CIC has terminated Federal Skilled Worker files if applicants: applied before February 27, 2008, and have not had a decision made by an immigration officer based on FSW program selection criteria before March 29, 2012.
CIC is currently finalizing the fee return process, which will involve confirming up-to-date contact and payee information. CIC has set up a central task force based in Ottawa to handle the fee return process.

CIC currently has several pending litigation matters before the Federal Court regarding the Federal Skilled Worker class which may affect the timing of the refund of fees to those whose applications have been eliminated.

http://actionplan.gc.ca/en/initiative/federal-skilled-worker-backlog-elimination

 

[kau_shik_patel]

Good Day,


I have just faxed and email a letter to the managing judge and copied it to all counsel involved in the challenge to the closing of the unassessed pre-Bill C-50 files. The text reads:


As I understand, his Lordship, the Honourable Mr. Justice Barnes stated at the November 14th CMC that cases for which application records are served and filed by November 30th will be granted leave and the matter heard January 14th-16th. Although the schedule is exceedingly tight, I shall endeavor to meet it despite the fact that I am en route to Calgary this morning and will be in Edmonton, North Battleford and Saskatoon before returning to Toronto on Sunday in time to attend the LSUC immigration seminar on the 26th and 27th and to appear at a hearing on the 28th. I would appreciate your so advising his Lordship.

Prior to the Minister’s coup de main five months after the Emam proceeding’s commencement, we had identified only two categories, but the Minister’s action has multiplied the categories. At present, because the Emam contingent consists of four distinct subcategories, I anticipate serving and filing a lead case for each; viz., (1) pre-Bill C-50 cases which (a) were never assessed, (b) were assessed before 29 March 2012 or (c) after March 29th and (2) MI 1 cases.

Yesterday, I served the lead case for 1b, as well as fifteen companion cases because Mr. Justice Rennie had stated that it would be inappropriate to issue mandamus for cases for which the facts are not on the record. I expect to have records for all the 1b cases for which we have secured CAIPS notes served and filed before the hearing. The lead case is IMM-10609-12, Huanghuang Liu v. M.C.I. While I would expect the respondent to address Liu as per the time-frame you laid down, the other cases may proceed in the normal time-frame as far as I am concerned.

Because s. 87.4 has no bearing on the 1b and MI 1 cases, I respectfully submit, their issues should not be put aside while the significantly larger s. 87.4 contingent’s case be addressed. If allowing these subcategories to “have their day in court” on January 14th-16th is not acceptable, it might be in their better interest to take up your earlier-stated offer that applicants may leave the managed litigation if they wish. While I would prefer that they remain within the managed litigation given the early hearing date and the pending motion, if their issues will not be entertained at the hearing, they would be better served outside the case-managed proceeding.

 

[warmest]

Kudos to you kau_shik_patel for posting the hot news of the moment. +1 to you.