Federal Skilled Worker Class Action Lawsuit

[noon]

I am just wondering if the Judge or the DoJ lean towards what's best for Canada(implication on social service, benefits, health care, employment etc) at the moment or towards non-candians ? May be they dont want to become the next UK ?!

The non processing of applications from backlog is not related with the economic condition of Canada. Canada still importing immigrants from all over the world. They are still maintaining their immigration levels. So the condition cannot be compared with Britain. The core point of litigation is not Canadian economy Vs non-canadians. But it is concentrated on discrimination faced by applicants when their files were pushed back and some other's files who were not better qualified than them were processed faster. Can this situation be compared with situation in Britain? If CIC is arguing that their economy cannot hold 280000 applicants who applied before 2008 then why did they give visas to 2,60,000 FSW applicants (650000 each in 2009,2010,2011,2012) who applied after 2008?
Some thing went wrong somewhere. May be some mathematical calculations went wrong. May the truth get exposed soon.

 

[maran1976]

The non processing of applications from backlog is not related with the economic condition of Canada. Canada still importing immigrants from all over the world. They are still maintaining their immigration levels. So the condition cannot be compared with Britain. The core point of litigation is not Canadian economy Vs non-canadians. But it is concentrated on discrimination faced by applicants when their files were pushed back and some other's files who were not better qualified than them were processed faster. Can this situation be compared with situation in Britain? If CIC is arguing that their economy cannot hold 280000 applicants who applied before 2008 then why did they give visas to 2,60,000 FSW applicants (650000 each in 2009,2010,2011,2012) who applied after 2008?
Some thing went wrong somewhere. May be some mathematical calculations went wrong. May the truth get exposed soon.

Hi, from what I understand,when there was an open door policy, they just wanted people to populate their country ! Now after a threshold has been reached, they only want people with skills that are in demand/shortage in Canada. This is fair enough as almost all countries have this list now. The CAP on the applications and VISA Quota can also be attributed to this.

1. They should have had a SOC list from the time they launched their FSW Economic Class etc OR a cap on no.of applications
2. What they did was stupidity which resulted in un-controlled migration and the no.of applications leading to chaos.
3. I think Kenny is right in giving priority to MI-1/2/3 etc as the list was brought out after prolonged deliberation with business heads of the country etc. This was done to address the immediate need/requirement. Every country has its own list, which keeps changing based on their economic/business needs. (His other mistake was, not setting a CAP from the time MI-1 was issued)
4. As I said in my previous/above post, he should first cater to the need of the economy. Stop all new applications till all the backlog is processed.
5. It is indeed a tricky situation. There is no straight forward way to move ahead. Drastic decisions are required to prevent further mess.
6. DoJ will also consider the future implications of its judgement and the result of all these processing on future requirement of skilled workers and the time frame .

DoJ can only ask CIC to begin processing in a timed frame and the time frame cannot be fixed by DoJ as it depends on the resources at CIC. Ofcourse, Kenny would turn around and say, we will process but not fix a time frame, which only result in further wait for litigants.

Having said all this, I am also waiting endlessly (I really understand the feelings of pre 2008). I really hope this is cleared for the benefit of all.
Its the consortium of lawyers who will get richer now. The applicants agony will continue.

 

[umerrais79]

I HAVE A ONE SUGGESTION TO ALL OF US THAT TALK TO LAWYERS AND GIVE THEM SUGGESTION TO ASKED TO COURT TO SET ANY TIME FRAME FOR FINALISE OUR CASES. BECAUSE real victory is when we get some time frame from CIC without time frame that victory is waste of time. THE POINT IS THIS THAT NOW HOW MUCH MORE TIME ....ALREADY 8 YEARS SPOILED I THINK THAT YET NOT CLEAR UNLESS WE ALL HAVE GET MEDICALS...AND WIN THE CASE...WHEN THE CIC SEND US VISAS .... SO PLEASE TALK TO LAWYERS AND GIVE THEM SUGGESTION TO ASKED TO COURT TO SET ANY TIME FRAME FOR FINALISE OUR CASES.

 

[kau_shik_patel]

Latest Entry in IMM-7502-11.

Letter from Applicant dated 07-DEC-2012 seeking the Court's determination of recent correspondence between the Applicant and the Respondent and its effect on the pre-hearing conference scheduled for 10-DEC. (in reply to DOJ letter of 06-DEC)) received on 07-DEC-2012

 

[maran1976]

I HAVE A ONE SUGGESTION TO ALL OF US THAT TALK TO LAWYERS AND GIVE THEM SUGGESTION TO ASKED TO COURT TO SET ANY TIME FRAME FOR FINALISE OUR CASES. BECAUSE real victory is when we get some time frame from CIC without time frame that victory is waste of time. THE POINT IS THIS THAT NOW HOW MUCH MORE TIME ....ALREADY 8 YEARS SPOILED I THINK THAT YET NOT CLEAR UNLESS WE ALL HAVE GET MEDICALS...AND WIN THE CASE...WHEN THE CIC SEND US VISAS .... SO PLEASE TALK TO LAWYERS AND GIVE THEM SUGGESTION TO ASKED TO COURT TO SET ANY TIME FRAME FOR FINALISE OUR CASES.

Ummer Bhai, that's what I was trying to say, this litigation may win a chance for the processing of files but may not be able to guarantee faster processing or guaranteed finalization. If DoJ rules that pre-2008 applicants be given a priority in processing over the new MI which will be launched in Jan, then it would come across as DoJ does not have the interest of the economic requirements of Canada. So,I dont think DoJ would order CIC to process the applications in a definite time frame. Our wait will only get longer

 

[noon]

Hi, from what I understand,when there was an open door policy, they just wanted people to populate their country ! Now after a threshold has been reached, they only want people with skills that are in demand/shortage in Canada. This is fair enough as almost all countries have this list now. The CAP on the applications and VISA Quota can also be attributed to this.



3. I think Kenny is right in giving priority to MI-1/2/3 etc as the list was brought out after prolonged deliberation with business heads of the country etc. This was done to address the immediate need/requirement. Every country has its own list, which keeps changing based on their economic/business needs. (His other mistake was, not setting a CAP from the time MI-1 was issued)

Hi friend,
Minister Kenney is not catering to the needs of the economy. If so I would not have waited for 8+ long years and still my application is not processed. My profession is Dentist (3113). It is included in MI 2 and MI 3. They never told me to apply in MI 2 or MI 3 . They asked me to wait patiently in queue. Are you aware that the refusal rate of MI 2 and MI3 is 70 to 80% .They take money from MI 2 and MI3 candidates and refused those economically needed applications .In one way this is a nice way to boost their economy : There is a rumour that there will be no NOC list for next year. If only certain jobs are needed for their economy then why is it so?Immigration will be there for the next year also. Backlog happened because of abuse of power to create vote bank and to create a good image and reputaion and to look efficient in the eyes of voters to improve political carrier of the concerned politicians. They dont care about their country but they are manipulating facts for their own personal interests. But the judges are in true dilemma. My strong belief is that they want to struck down the law and close the chapter rather than making fights with the minister.

 

[maran1976]

Hi friend,
Minister Kenney is not catering to the needs of the economy. If so I would not have waited for 8+ long years and still my application is not processed. My profession is Dentist (3113). It is included in MI 2 and MI 3. They never told me to apply in MI 2 or MI 3 .

Hi Friend,

You missed the bus.If you had made the second application, under MI2/MI3 , you would have been in Canada.
There have been many applicants, who applied under newer MI and at the time of 'IP' stage, pulled out the old application !
You dont need CIC to advise you to apply again if eligible under the newer MI !
I understand what the wait is doing to all of us and I am also aware of the approval rate of MI1/2/3. I think most of the rejections were attributed to JD mismatch. I am worried too. Lets see what happens.

Also, I wonder if the DoJ's verdict will leans towards non-nationals, causing embarrassment and further mess in the working of CIC !

 

[hopefulever]

Court needs to decide on different categories of litigants and time frames to finalise if the litigation is successful.

1 Litigation filed before June 2012.

2 Filed after June 2012

3 Those not involved in any of the litigation

I expect cic to reject most of the non litigate files on the bases of insufficient points, lack of authenticated testimonials, wrong information etc etc.

 

[noon]

You missed the bus.If you had made the second application, under MI2/MI3 , you would have been in Canada.

Under the present Last in first out method how can one apply in any ministerial instructions ? Only through internet forums can we know who all are getting visas.

 

[maran1976]

Under the present Last in first out method how can one apply in any ministerial instructions ? Only through internet forums can we know who all are getting visas.

I know its too late now to discuss this so let it be bygones. If you see a lot of members , they applied again as soon as MI1 or 2 or 3 was announced. They did not need forum for this. I think your application was already 5 years waiting when the MI were first announced. You should have taken a decision, when the minister announced faster immigration ( initial days of MI1 or the MI2/3 ).

Lets wish each other the best. If the new list in Jan, has my Noc I will apply again, although I am already IP and waiting for MR !

 

[hopefulever]

Minister has decided to induct only and only 3000 applicntions in 2013 and out of that if you are lukiest one to get endorsed is to be seen. Rest of the quota may all go to backlogged cases of M1, MII,MII & Pre fab Litigants.

 

[IndianPNP]

News Alert !!!
according to yesterday meeting and today conference, Justice Barnes is not willing to process litigants cases in fast manners or priority based direction.

Second, he has also showed that Final Outcomes on Pre-Feb 2008 litigants cases may come in coming summer or late August 2013.

Third, he has clearly told to all council that Cases will be entertain under managed cases or test case not Class Case.

Fourth, he is also willing that all council should complete all arguments till evening of Jan 15 2013, than we will give arguments on Jan 16,2013 and ask CIC to clarification on next available hearing...

 

[IndianPNP]

one more point i just received that

Fifth, He is not going to give directives to CIC to process litigants FSW backlog cases in Visa offices in fast manner,priority basis or limited time frames etc... if outcome of cases comes positive.and CIC will have rights to process on litigants FSW backlog files according to their own timeline.

 

[hopeful4]

Minister has decided to induct only and only 3000 applicntions in 2013 and out of that if you are lukiest one to get endorsed is to be seen. Rest of the quota may all go to backlogged cases of M1, MII,MII & Pre fab Litigants.

how do you know that ? pls write your source

 

[jeffOB]

Federal Skilled worker application

Hi
Can I apply for the Federal Skilled worker program from inside canada when it opens up on Jan 2 2013?