Federal Skilled Worker Class Action Lawsuit

[Wish007]

Hi Dear wonderful , warmest, noon and everyone
I regularly see your post as we are in the same boat. All of your post keeps me updated regarding current situation and I really feel I am not alone.
I am not a part of any litigation but one of the affected applicants of pre 2008 (2006 applicant). I could not stop myself to tell all of you below quotation
“Hey you, don't tell me there's no hope at all. Together we stand, divided we fall.”
― Pink Floyd

 

[warmest]

Hi Dear wonderful , warmest, noon and everyone
I regularly see your post as we are in the same boat. All of your post keeps me updated regarding current situation and I really feel I am not alone.
I am not a part of any litigation but one of the affected applicants of pre 2008 (2006 applicant). I could not stop myself to tell all of you below quotation
“Hey you, don't tell me there's no hope at all. Together we stand, divided we fall.”
― Pink Floyd

Hi Wish007,

Your screen name reminds me of James Bond naught naught seven.

Glad to know that you don't feel alone (since you are with us).

May I know why you don't want to be a part of any litigation?

[Jason Kenney is cruel and he somehow or other wants to eliminate the entire backlog of applications. That is why we have sought protection under law. Hence the legal proceedings are on against CIC.]

How can I help you?

 

[noon]

Sir , is there any hope left for pre feb 2008 litigants whose seldec is 0 but psdec is 1.i am worried and whole planning is upset.

I. Information regarding points is deleted in CAIPS for applicants whose interviews are waived.

Recognizing that the CAIPS system was designed at a time where most applicants were asked for an interview, the database did not capture selection decisions for people who were not interviewed. With the new regulations, the majority of applicants are not interviewed as part of the selection process. Therefore, the information regarding selection decisions is lost in the CAIPS system. This makes it difficult to assess the impact of the selection criteria.

When the Global Case Management System (GCMS) is implemented, the system should be designed in a way that such information is kept for further analysis.


source:http://www.cic.gc.ca/english/resources/evaluation/fswp/section1.asp#sub3


_______________________________________________________________________-

Hi friend,
the pre feb applicants awaiting seldec in Damascus was zero as on july 6 2012. But now you can see 2006 files are moving in Damascus. (here you should remember that both damascus and new delhi have same timelines for pre feb 2008 applicants). for ndelhi the applicants awaiting seldec was 41 as on july 2012. So if damascus files (zero) moved till 2006 newdelhi files will also move . But the problem with ND is they accepted more MI 1 applications than damascus. we should wait and see.

you should also examine a clause in OB442 given below in bold letters:

Establishing that a decision has been made as to whether the applicant meets selection criteria

A decision as to whether the applicant meets selection criteria was made if, prior to March 29, 2012, at least one of the following actions was taken:

a selection decision was entered into the processing system (“SELDEC” in the Computer-Assisted Immigration Processing System (CAIPS) or “Eligibility – Passed” / “Eligibility – Failed” in the Global Case Management System (GCMS));
the file notes clearly state that the selection criteria have or have not been met, but a selection decision has not yet been entered into the processing system;
a negative decision had previously been made, but the file had been re-opened for a redetermination further to an order by a Superior Court (which includes the Federal Court) or a settlement agreement entered into by way of a Court order made prior to March 29, 2012.

regards
noon

 

[warmest]

Dear Warmest & Hopeful4,

When I log onto this forum I always see the silver line by the dark cloud. Anyways, today I need your kind help as I am not getting it from my lawyer. As said before I am also one of the sufferer by the recent unlawful ( guess so) attempt of CA Govt. like all other. I did sign the Representation Form where he and Ceceil Rottenberg needed to put their counter signature. It has been 4 months I haven't got their signed form and constantly I have been insisting. Neither they reply me nor bother to. I just had a magical reply in September that " Shall advise once available" . I also asked for their lead file case#. As usual no reply. Now my request to you, can you let me have the file# that is gonna represent by these 02 lawyers in Federal Court and are they dependable?? I am wondering whether I am in right hand or not !!!! , please help me.

Dear Benidiction,

The lead file of Mr. Cecil Rotenberg is IMM-10307-12. MARIA SARI TERESA BORJA AUSTRIA is the litigant. MANILA (Philippines) is the visa office.
[Until 21 November 2012, the lead file of Mr. Cecil Rotenberg was IMM-5365-12. HENRY TOBY is the litigant. ACCRA is the visa office.]
http://cas-ncr-nter03.cas-satj.gc.ca/IndexingQueries/infp_RE_info_e.php?court_no=IMM-10307-12

I tried my best to find out his lead file. But, so far, I could not. I will keep trying. If I could manage to find, then I will let you know. The last update that I could find in his http://www.canadaclassaction.com/ website is dated November 19, 2012.

We are currently representing backlog federal skilled worker applicants to oppose this reprehensible legislation. Our clients are being Case Managed by Justice Barnes of the Federal Court of Canada.
Hearings are now scheduled for January 14, 15, 16, 2013.
The undersigned attorneys along with other counsel are now finalizing arguments before the Federal Court of Canada seeking to challenge the legality and overturn the provisions of the new law.
We invite all affected applicants to join our team to challenge this law. If you are a pending backlog applicant we invite you to contact us without delay by completing the link below.

Don't waste time writing physical hardcopy letters or emails. Don't waste time asking for the lead file number. Ask for your file number. If you get it, then check in the Federal Court of Canada website whether your file exists there and look for the latest update in your file. If your file is the lead file or linked to a lead file, then no worries. Otherwise, you should take this issue seriously. Please keep us posted of what is happening on your side. I am concerned. I will try my best to help you, my friend.

 

[noon]

is it true that who were selected for Provinces Reduction Pilot program for nomination are made selection decision at their physical files before March 29,2012 and who passed in selection criteria marks 67 were elegible for Pilot program ????????????????????

Hi Indian pnp,

I would like to answer your quuestion from what I have observed. The backlog reduction pilot programme was aimed to reduce "backlog". None of 2004 applicants from Newdelhi (all of them updated in 2008-09)was invited for this special programme. But one applicant (Mr.Kaushik patel) who is a 2005 applicant and who updated in 2009 got ontario invitation. But later he was not contacted for further processing. My personal conclusion is that only those files which were not asked updation and so facing termination were processed in PNP backlog reduction programme and others who updated are remaining in old queue without any information about processing. We may also expect more PNP programmes in the near future to mine backlog(if we can believe what the minister said 1 week ago)
regards,
noon.

 

[avijitsg]

From "COURT INDEX AND DOCKET"
IMM-5635-12
2012-11-27
Certified copy of the record sent by Embassy of Canada, Philippines on 21-NOV-2012 pursuant to the order of the Court Received on 27-NOV-2012

2012-11-23
Oral directions of the presiding judge dated 23-NOV-2012 directing "The parties are to provide the Court with mutual dates of availability by Friday, November 30, 2012 for an in person Pre-Hearing Conference during the week of December 10, 2012 (except for December 12) or December 17, 2012." received on 23-NOV-2012 Confirmed in writing to the party(ies)

 

[Wish007]

Hi Warmest,

My friends also call me bond since my mobile number has got these 3 digits (007).

Thanks to ask for help. I have submitted all my documents along with landing fee in 2010 but when Jason Kenny has decided to eliminate backlog, I got depressed. When elimination notice had been announced, I talked with Cohen’s law firm and they informed me government is very strict to eliminate backlog. Anyway, I do appreciate that you all are fighting against this unfair decision.

Can you update me regarding PNP programme?

 

[singhmkb]

Wish007 you should file litigation through any of the law groups, tim or others.

 

[hopeful4]

Dear Warmest & Hopeful4,

When I log onto this forum I always see the silver line by the dark cloud. Anyways, today I need your kind help as I am not getting it from my lawyer. As said before I am also one of the sufferer by the recent unlawful ( guess so) attempt of CA Govt. like all other. I did sign the Representation Form where he and Ceceil Rottenberg needed to put their counter signature. It has been 4 months I haven't got their signed form and constantly I have been insisting. Neither they reply me nor bother to. I just had a magical reply in September that " Shall advise once available" . I also asked for their lead file case#. As usual no reply. Now my request to you, can you let me have the file# that is gonna represent by these 02 lawyers in Federal Court and are they dependable?? I am wondering whether I am in right hand or not !!!! , please help me.
[/quote

Hallo Benidicton , after months of waiting and being desperate at the end they found their names on the federal court web site,,,,
what they did was to look with all name variations you can think of,,,try using your first name as the family name,,,,,

 

[kau_shik_patel]

Provinial Nominee Backlog letter was send to all whose occupation were following under Computer Software Engineer, Account Manager.

so i got this letter. when they send me this letter in feb 2009, my address got disappeared when i was checking my e-case status. this disappearing was going more than one month.

so there were totally 5 occupation on thier list. one was of mine. so i received that letter.

 

[suman.cuet]

I have scored L5.5,R:6.5,W:6.5,S:6.5 in first ielts, then scored L6.5, R:5.5,W:6.5,S:6.5 in 2nd test, can i apply by submitting both result and claim point accordingly.

 

[kau_shik_patel]

if they want to declare new FSW policy they would have done one or two months before to let which and every body decide about their plan whether to apply or not.

same as what they did for M1, M2, M3 policy.

So new policy is going to get delay for next few months.

 

[warmest]

Canada should boost immigration levels starting 2014: report

By Tobi Cohen, Postmedia News, November 28, 2012

Immigration Minister Jason Kenney has yet to release his provincial immigration targets for next year, but has suggested they're unlikely to change.

OTTAWA — After seven years of stagnating numbers, Canada should start boosting immigration levels starting in 2014, according to an internal government review obtained by Postmedia News.

The study, dubbed a “Literature review and expert advice to inform Canada's immigration levels planning,” suggests immigration levels should begin increasing six per cent a year to approximately 337,000 in 2018, after which levels should plateau until 2021, the end of the review period.

According to the report, the short-term boost is needed to balance the labour market and is based on economic projections that take into account things like unemployment rates.

Since 2007, annual intake targets have been frozen at about 253,000.

The report also seems to kibosh hopes the provinces have for growing the provincial nominee program. The program allows provinces and territories to choose immigrants to fill short and medium-term, local labour market needs and most often attracts skilled tradespeople and college graduates.

Each province is allotted a certain number of spaces under the program, however, Canadian premiers last week called on the federal government to hand over more control over immigration while regional immigration ministers have been pleading for an increase in their allotment. Immigration Minister Jason Kenney has yet to release his provincial targets for next year, but has suggested they're unlikely to change.

Noting the provincial nominee program has grown at the expense of the federal skilled worker program and now accounts for about a quarter of all economic immigrants admitted into Canada, the report suggests “it is not immediately apparent that a further shift is needed.

“A guiding principle should be that immigration is essentially a means for addressing long-term human resources needs rather than short or medium-term needs,” the report says.

“Consequently, meeting longer-term human resources requirements should be given significantly greater weight than responding to short-to-medium term needs.”

As such, the report recommends “no further reductions” to the federal skilled worker program which it says has become more “responsive” to both Canada's medium and long-term economic needs.

The report also recommends the share of economic immigrants remain stable at about 63 per cent of all immigrants, which includes those who come to Canada as refugees and through the family stream.

While the government has announced plans to allow employers to cherrypick from the immigrant pool, the report suggests a review of Australia's immigration system, which Canadian authorities often look to, does not necessarily support “arguments for greater reliance on employment offers” as a means of guaranteeing immigrant success.

The report also highlights a number of “research gaps” that “should be of concern to policy-makers.”

Noting the number of temporary foreign workers (TFWs) in Canada has tripled to more than 300,000 in the last decade, the report raises questions about whether some more educated temporary workers may be usurping jobs that could be had by recent immigrants, thereby stunting their economic integration.

Or, the report suggests, recent immigrants may not have the necessary skills or the desire to move to a particular geographic area, leaving employers no choice but to hire temporary foreign workers.

“The increase in the number of TFWs could also indicate that immigration levels are insufficient to meet the economy's human resources needs,” says the report.

“In any event, more should be known about the factors that lead employers to hire TFWs and the subsequent employment patterns of TFWs once they are in Canada.”

The report also highlights the need for Canada to get a better handle on the number of illegal immigrants who may be living in the country, noting it's a phenomenon that's “been studied primarily in the U.S. context.”

It presumes the sharp rise in the number of temporary foreign workers has “increased Canada's vulnerability to persons who over stay the period allowed by their temporary work permit.”

The report also recommends further research into what factors might impede economic and social integration as well as a comparison of the economic performance and contributions made by immigrants who come to Canada under the federal skilled worker program versus those who come through the provincial nominee program.

The report was prepared for the federal, provincial and territorial assistant deputy ministers responsible for immigration in August. The details of the report were shared during a recent closed-door meeting between Kenney and his provincial and territorial counterparts in Toronto.

The report is likely to influence future federal and provincial immigration policy.

© Copyright (c) Postmedia News

http://www.canada.com/Canada+should+boost+immigration+levels+starting+2014+report/7623946/story.html

 

[warmest]

Immigration Application Backlog: Would-Be Newcomers Take Feds To Court After Applications Returned

By Stephanie Levitz, The Canadian Press
Posted: 05/16/2012 5:18 pm Updated: 05/18/2012 8:09 am

OTTAWA - Would-be immigrants are taking the federal government to court over its decision to return their applications.

They're angry about the Conservatives' move to legislate away a backlog of some 280,000 applications created before 2008.

The government announced the decision in its March budget, saying it's a necessary part of modernizing the immigration system.

But Toronto lawyer Lorne Waldman said he was immediately flooded with emails by people who were furious about the changes.

They'd followed all the steps they were told to take in order to come to Canada, he said, only to be pushed aside.

"The irony of that is this is a government that's constantly telling us that people shouldn't jump the queue," he said.

"We have all these people who went into the queue, paid their money, followed the law ... and now the government is saying it's too bad because we changed our mind."

Waldman is now representing at least 40 people who are challenging the decision to eliminate the backlog and want to force the government to process their application.

He expects more to join.

The government has said those who are having their application and related fees returned can re-apply under new criteria established for the skilled worker program in the last few years.

In addition to legal action, the pledge to eliminate the backlog has sparked the creation of a Facebook group and small protests in India, Pakistan and China.

A spokesman for Immigration Minister Jason Kenney said government is committed to creating a fast and flexible immigration system.

"The government is confident that the provisions in Bill C-38 to eliminate the federal skilled worker backlog will withstand any legal challenge," Alexis Pavlich said in an email.

But the government's efforts to deal with the backlog have crumbled in the face of legal challenges before.

A decade ago, Waldman was part of a legal team that successfully challenged the government's attempts to regulate the backlog away by applying retroactive changes to the points system.

The current effort to get rid of the backlog is included in the omnibus budget bill, Bill C-38, which the government is aiming to pass in June.

As it is unlikely a court could hear the immigration cases before then, Waldman says he expects to ask the court rule that the government must keep their files open until the cases can be heard.

The seven-year backlog represents people who applied to get into Canada before Immigration Minister Jason Kenney rejigged the federal skilled worker program to fast-track applications from people the government felt could fill holes in Canada's economy.

The length of time it was taking to process the backlogged applications is the subject of another lawsuit involving over 700 people from around the world.

A hearing for that case has been set for June 5.

http://www.huffingtonpost.ca/2012/05/16/immigration-backlog-court-challenge_n_1522513.html

 

[warmest]

Here is Tim Leahy's recent reply to a query from an applicant.

akash K.
Dear Tim,
is the motion to enforce Liang decision still pending with Jus. Barnes? If yes , does it need to be decided before 14th Jan hearing?
1 day ago


Tim L.
My guess is that Justice Barnes, if he ever bothered to read the written arguments, decided long ago not to rule on the motion because, if he applied the law properly, he would have been compelled to grant the motion, contrary to his personal preferenece. Now that he has set the hearing on the merits for January 14th-16th, he has given himself an excuse not to do his duty.

By pre-emptively setting of the hearing dates for January 14th-16th, Justice Barnes also mooted the motion seeking certification of a class for a class-action lawsuit, saving himself from having to do his duty and rule on that motion, too, because he never wanted to certify a class. (The losing party would effectively be unable to appeal the decision to the Federal Court of Appeal because it could not hear the matter before January 14th, after which the appeal itself would be moot.)
1 hour ago