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Federal Skilled Worker Class Action Lawsuit

le misarable

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Dec 3, 2012
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sac said:
le miserable: thank you for coming to my rescue. but it doesn't do us any good to dignify this man he calls himself tuyen. let us focus on discussing new developments on our litigation. atty. tim is my lawyer. my sisters, both canadian citizens now, one in Montreal and another in Vancouver, are quite hopeful the Canadian justice system dispenses justice and fairness. so we focus on this topic and not get distracted by pernicious comments.

are you a pre-february 2008 applicant too? who is your lawyer?
Hey Sac,
No prob mate,can you send your Pm please?.
 

kau_shik_patel

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Letter from Applicant dated 06-DEC-2012 requesting that the Court directs the Respondent to circulate all correspondence between any party regarding terms of involvement at the upcoming JR hearing. (with attachments) (Letter was also sent to all involved counsel in the case management group) received on 06-DEC-2012
 

kau_shik_patel

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Communication to the Court from the Registry dated 06-DEC-2012 re: A's letter of 06-DEC sent to court for directions
 

kau_shik_patel

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Hi friends,

CIC changes wordings about selection criteria in their new website. Read carefully

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

(*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.)
 

tuyen

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kau_shik_patel said:
Hi friends,

CIC changes wordings about selection criteria in their new website. Read carefully

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

(*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.)
Nothing was changed. It's just that you didn't notice it until now.
 

noon

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kau_shik_patel said:
Hi friends,

CIC changes wordings about selection criteria in their new website. Read carefully

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

(*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.)
Hi Kaushik,
By now it is possible that you are among the lucky 20000+ since points were calculated on your application.
Congrats!!!!!!
NB: why dont you filll up your application details under your user name?
 

noon

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I think it is waived
Kaushik,

When did you update your documents? What is the date of your application? How many points you got as per CAIPS ? What is the date of entry of point calculation in CAIPS? Please answer. Thanks in advance.
 

st-cnncomes

Star Member
Dec 5, 2012
86
4
Show me.
Scan a piece of paper from CIC which said that they will process your application NO MATTER WHAT, under any and all circumstances that may arise in the future, even if the world explodes.

2.Dude ur hilarious, have you ever seen an agreement that says ' NO MATTER WHAT' :eek: ' ' Your file would be processed according to the order it was received.' Is not written in urdu or someother language. ;D

Yes, I'm aware that you were referring to interest from EVERYONE who applied. My point is still the same: the interest on that money is VERY VERY small. Surely you can't be so ridiculous as to think that the only reason they tossed out all those applications was so they could pocket the "interest".

3. Very Very small from a Very Very large number of people. UNEARNED MONEY ( FREEEEEE ).

No, the only person confused here is you. You're not only confused, but you're delusional, too. The only thing they need to give back to you is your money for the application. Nothing more. They didn't take "time" away from you. Or wait...maybe I'm wrong. Did somebody from CIC come and lock you up in a room for the last 9 years? Did they prevent you from living your normal life every day with your friends and family? Did they prevent you from earning a living in your home country (or some other country)? The answer to all of those questions is, of course, NO.

4 No need of locking somebody up in a room to prove CIC didn't waste our time. They even asked us to update our files and take a stupid test, the IELTS, (no prizes for guessing as to who got half the fee). The best part is CIC even asked us to send fresh demand drafts in case we wanted our spouse and children to accompany us. U bet ur life most of us are leading abnormal lives because of CIC. No need giving u the details, wait for the verdict.

You don't HAVE any rights under Canadian law because you're not a Canadian citizen, nor are you a Canadian resident. I'm not sure where you got these delusional thoughts that Canada's legal system should be applied to everyone else on the planet. Under YOUR special brand of thinking, a person who's on trial in a country with a completely different set of laws could go and argue that their "rights" are being infringed upon because under CANADIAN law, they would be completely protected. Sorry, that's not how it works. Your country has its own set of laws, and if I go to court here in Canada, I can't use YOUR country's laws to prevail in MY own case.

There are parts of the world where men are allowed to have multiple wives. There are also places where a man can marry his own daughter. Do you think those people should come to Canada and then go sue the Canadian government because Canada won't allow them to have multiple wives or because they won't be allowed to marry their daughters?

5, Immigration is governed by CIC right? We have followed the instructions of CIC and met all criteria; it is therefore an obligation on CIC to ensure our files are processed and not just take money and sit on it. That's the reason why the courts are now involved. If the ruling goes in favor of CIC, we would be very curious to know the reason for it doing so. It would shock even Steven Spielberg :D

This wasn't a PRODUCT that you ordered online. This was a matter of immigration, and under ANY immigration application, you are never guaranteed anything. Just because you waited 9 months or 9 years - it doesn't mean you were automatically GUARANTEED to be approved just because you sent in your application.

6. I hope you know what an example is. No wasting time on that.

Sound immigration policies according to WHOM? Are YOU the one who's going to decide what qualifies as "sound immigration policies" for Canada?

7, that's why CIC is screwed with this so called backlog,.

That's exactly right! You don't HAVE a contract with CIC, which is why they can process OR terminate your application at their discretion. Anything other than that is nothing more than wishful thinking on your part, and delusional thoughts that were planted into your head by your lawyers who were willing to say anything to get you to hand over your money to them.

8. That's for the court to judge.

LOL
Riiiiight...
So it's not CIC who will determine who gets into Canada. Instead, we're going to let would-be immigrants make the rules and call the shots. Oh my god...I have to print this out and show it people. They're not only going to get a good laugh out of it, but they will also want to send it to newspapers and TV stations so they can let the rest of Canada have a good laugh too.

9. LOL all u want, CIC is *censored word*ting Georges. In this case we'll call the shots, its CIC that is at fault.



10, Never imagined somebody would take u on.
:p
 

tuyen

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st-cnncomes said:
2.Dude ur hilarious, have you ever seen an agreement that says ' NO MATTER WHAT' :eek: ' ' Your file would be processed according to the order it was received.' Is not written in urdu or someother language. ;D
But that's the problem here. You're expecting CIC to process your applications NO MATTER WHAT. You think that just because you sent in an application, that means NO MATTER WHAT they have to process them. You don't seem to understand that they DON'T have to process anything if the Canadian rules of immigration are changed. And guess what - they changed, which means they don't have to process your applications because they never gave you any kind of guarantee that said "NO MATTER WHAT, we promise to process your applications".

st-cnncomes said:
3. Very Very small from a Very Very large number of people. UNEARNED MONEY ( FREEEEEE ).
You still didn't answer my question. Are you seriously suggesting that the reason why CIC decided to throw out those pre-2008 applications is to keep the "FREEEEE" money from that insignificant amount of "interest"?


st-cnncomes said:
4 No need of locking somebody up in a room to prove CIC didn't waste our time. They even asked us to update our files and take a stupid test, the IELTS, (no prizes for guessing as to who got half the fee). The best part is CIC even asked us to send fresh demand drafts in case we wanted our spouse and children to accompany us. U bet ur life most of us are leading abnormal lives because of CIC. No need giving u the details, wait for the verdict.
So what? That's all part of the immigration process. You will have to go through that EXACT SAME THING with any other country too - whether it was Australia, New Zealand, England, or anywhere else. You think that the whole immigration process takes 5 minutes? You fill out two or three pages, and that's it - you just sit back, relax, and wait for the "approved" letter in the mail?


st-cnncomes said:
5, Immigration is governed by CIC right? We have followed the instructions of CIC and met all criteria; it is therefore an obligation on CIC to ensure our files are processed and not just take money and sit on it.
They didn't "just take money and sit on it". There were many people who DID have their applications processed during that time period.

st-cnncomes said:
9. LOL all u want, CIC is *censored word*ting Georges. In this case we'll call the shots, its CIC that is at fault.
No...you're not calling the shots on anything. You're just wasting your time, your money, and pinning all your hopes on a court case that won't go anywhere. If you were really smart, you would take that money that you're wasting on your lawyer, and you would put it towards a new application. You would have an answer much faster that way. Even if the processing times for new applications is 12 months, I guarantee that you would be processed FASTER than this court case. If you honestly believe that on January 13 everything will suddenly be fixed, then I really feel sorry for you because you're obviously not thinking clearly.

st-cnncomes said:
10, Never imagined somebody would take u on.
Oh I would LOVE for somebody to take me on. But I would prefer that person to be able to do so with some valid and sensible arguments.
 

st-cnncomes

Star Member
Dec 5, 2012
86
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TUYEN,

Looking at your anwers, one gets the impression that no matter come what may u want CIC to win. you are going to be very dissapointed if people stuck in the backlog win the case. I think ur gonna cry ur heart out. :'(

If the court rules in favor of CIC, we would be very very very curious to know the reason for it doing so. It would shock even Steven Spielberg. CIC and you are gauranteing us in the exact fashion. U seem to be so honest when you say u gaurantee me. CIC used the same language, im quite sure they meant it. :D

Don't think ur right who ever u are, people couldn't debate you properly. The Court and the lawyers know exactly what CIC's been doing. If CIC has done wrong it will be corrected very soon. You just can't take people for a ride.

Lets wait and see what the judge has to say. What is CIC hoping for after this mess ? Do they intend slipping outta the backdoor. ???
 

noon

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st-cnncomes said:
If the court rules in favor of CIC, we would be very very very curious to know the reason for it doing so.
The judges are waiting for the finer morning of January 14 2013, the morning on which the controversial law is destined to be struck down.That will be a relief for justice Barnes also. ;D. In reasons for judgement Justice rennie clearly stated without question that the minister failed to do his duty.Please dont have the least doubt in your mind about the success of litigation. :D
 

wounderful

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tuyen said:
Oh I would LOVE for somebody to take me on. But I would prefer that person to be able to do so with some valid and sensible arguments.
Dear Tuyen: I really miss you, where have you been over last eight years when CIC was sitting on our file if you let us know at that time that do not trust cic or wait, now why so hurry to let all of us know that what we did (trust) on CIC we were fool and we should have second options etc.

you still can do this to other forum e.g. those who are waiting to apply under new skill workers class tell all this to them and this will really hlep them a lot, you may use us as an example. but for us it is too late now and let us FINISH IT :-*.
 

st-cnncomes

Star Member
Dec 5, 2012
86
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TUYEN

According to your interpretation of the Canadian law, is that the law is protected and meant only for people living in canada. CIC is free to do as it pleases (What ever suits them ) right ? The answer is NO.

Immigration and Refugee Protection Act
S.C. 2001, c. 27
Assented to 2001-11-01

An Act respecting immigration to Canada and the granting of refugee protection to persons who are displaced, persecuted or in danger

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:


OBJECTIVES AND APPLICATION

(f) to support, by means of consistent standards and prompt processing, the attainment of immigration goals established by the Government of Canada in consultation with the provinces; ( consistent standards and prompt processing ??????????????? the immigration goal was to receive applications and money )

(e) to establish fair and efficient procedures that will maintain the integrity of the Canadian refugee protection system, while upholding Canada’s respect for the human rights and fundamental freedoms of all human beings.( By doing whatever they please can they uphold this objective )

(b) Promotes accountability and transparency by enhancing public awareness of immigration and refugee programs. ( During the last 9 years CIC has only sent us updated requests and money receipts, accountability and transparency don’t mean a thing to them. )

(c) facilitates cooperation between the Government of Canada, provincial governments, foreign states, international organizations and non-governmental organizations; ( CIC has co operated with foreign states by holding on to their currencies for so long.)
 

tuyen

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Aquila said:
by the way lebronkobe, in case you are wondering: I am neither a Canadian permanent resident, nor am I one of the litigants in the Federal Skilled Worker Class Action Lawsuit against CIC. But like most of the members in this forum and God willing, some day I too hope and wish I will be able to immigrate to Canada.
I hope your wish comes true, and when the time comes, I hope you get a fast and effortless processing of your application. Canada would be lucky to have you.
 
Apr 13, 2012
4
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Hello Tuyen

I have read your comments with interest, particularly your arguments concerning the none provision of any guarantee from C.I.C that applications would indeed be processed by the administration.

When I applied to immigrate to Canada back in 2007, the Canadian Skilled Worker Application guide that was provided by C.I.C states the following:

"There is currently a queue of federal skilled worker applications, creating a delay of several years. In order to avoid asking applicants to submit updated supporting documentation more than once, the Simplified Application Process has been introduced.
Under this process, applicants submit only a basic application form and fee. This guarantees a place in the processing queue, meaning that the regulations in effect on that date will apply to the application".

Perhaps I, like the other applicants were naive to assume that C.I.C’s definition of the word guarantee was different to those of us that put our trust in the immigration administration.