Federal Skilled Worker Class Action Lawsuit

[st-cnncomes]

Preet Deep Singh Datta is absconding, I am a 100% sure he knows the fate of the IP and DM cases. I'm begening to sense that things written about him in this as well as other forums are true.

 

[joe07]

More than 300 people around the world awaiting immigration visas have filed legal notices against the Canadian government, claiming they are being “warehoused” in a lengthy backlog.

The notices, filed with the Federal Court of Canada, are asking Citizenship and Immigration Canada to process their applications within a reasonable time frame.

The litigants, some of whom applied as far back as 2004, accuse CIC of violating a pledge to assess and finalize decisions in a timely fashion.

“These people paid the application fees, but immigration has never even started processing their applications,” said Tim Leahy, one of the lawyers representing the litigants.

The legal notices — from Asia to Africa, Europe and the Middle East — are growing in numbers with the recent launch of an online appeal for litigants at unfaircic.com. It is not a class-action lawsuit, so a court ruling would apply only to those involved in the litigation.

Litigants include those who filed before February 2008, when new laws were brought in to fast-track new applications from skilled workers, and those who filed between 2008 and 2010, when further restrictions capped the number of skilled-worker applications.

Ottawa has argued restrictions are needed to reduce a backlog of 900,000 applications.

But some litigants claim the government has effectively ceased assessing applications filed before 2008.

Shrish Aithala, who has a master’s degree in computer integrated engineering from New York’s Rochester Institute of Technology, filed his application in 2006 in New Delhi.

“I cannot understand how the existing backlog can be bypassed. I’m sure there are skilled and educated people in the backlog ready to contribute to the economy,” Aithala, 36, told the Star from his current job in Dubai.

“Because of the uncertainly of my application status, I have missed out on many opportunities as commitment was required from my side with regards to these work assignments.”

Applicants who filed between 2008 and 2010 say they, too, are being unfairly treated since the application cap was brought in.

Rasoul Nikkhah, a 42-year-old computer network administrator from Tehran, Iran, was thrilled when Ottawa rolled out its fast-track federal skilled-worker program in 2008, anticipating a quick processing. The government promised to finalize cases within six to 12 months.

Immigration acknowledged receipt of Nikkhah’s application in April 2009 and 26 months later his file is still “in process,” he said.

“The reason I participated in this legal action is to bring justice to my case and similar cases, as I believe I have been treated unfairly by CIC.”

The immigration department confirmed receipt of the legal notices, but declined to comment on the allegations.

“The Federal Court has not yet even determined whether it will hear any of these cases, and as such, there has been no decision on the merits of the cases,” said immigration spokesperson Nancy Caron.

Caron said the skilled-worker backlog from before February 2008 has been reduced from 641,000 people to 314,000. About 140,000 applicants from the early phase of the fast-track program are still awaiting a decision, she said.

In 2002 and 2003, the federal government was confronted with a similar volley of court challenges to new regulations and the treatment of backlogged cases.

Ottawa offered a $2.9 million settlement to 105,000 backlogged applicants, agreeing to get rid of the new rule that affected pre-existing applications negatively, said Leahy, who led one of the lawsuits.

http://www.thestar.com/news/gta/article/1091558

Not posting to say that we will win or will get a settlement or even a refund. thought will share what i read ..

 

[joe07]

Oh it didn't cause any confusion, because I knew right away that the facts were wrong. Your immigration consultant should either get another line of work, OR get more familiar with his facts. The case he was referring to didn't happen in the early 90s. It happened a decade later, in the early 00s.

Did you check the entire NOC list to make sure that there isn't a new number/category that you would fall into?

In 2002 and 2003, the federal government was confronted with a similar volley of court challenges to new regulations and the treatment of backlogged cases.

Ottawa offered a $2.9 million settlement to 105,000 backlogged applicants, agreeing to get rid of the new rule that affected pre-existing applications negatively, said Leahy, who led one of the lawsuits.

http://www.thestar.com/news/gta/article/1091558

 

[noon]

Preet Deep Singh Datta is absconding, I am a 100% sure he knows the fate of the IP and DM cases. I'm begening to sense that things written about him in this as well as other forums are true.

If Datta knows it,Tim also knows.New delhi litigants of Tims group can get clarification thru Tim about the recent IP and DM status

 

[wounderful]

At first Mario bellisimo thanks all litigants who helped him to prepare the litigation. Then he thanked other lawyers who also supported this litigation. He said he provided statistical evidence beofre court to prove sec 15 was violated in backlog processing and he proposed questions for certification.He also said that judgement is expected to come on friday jan 25 by Rennie. The video lasts only 1.18 minutes.

Thanks a lot Noon for sharing.

 

[joe07]

At first Mario bellisimo thanks all litigants who helped him to prepare the litigation. Then he thanked other lawyers who also supported this litigation. He said he provided statistical evidence beofre court to prove sec 15 was violated in backlog processing and he proposed questions for certification.He also said that judgement is expected to come on friday jan 25 by Rennie. The video lasts only 1.18 minutes.

Bellissimo talking about violation of 2008 -2012 applicants and not pre 2008 cases. correct me if i am wrong

 

[noon]

Bellissimo talking about violation of 2008 -2012 applicants and not pre 2008 cases. correct me if i am wrong

He was talking that he has provided statistical data to prove that sec 15 was violated in backlog processing from 2008 to 2012. (Means backlog belongs to pre 2008 but violation was done during its processing during 2008-2012 period)

 

[joe07]

He was talking that he has provided statistical data to prove that sec 15 was violated in backlog processing from 2008 to 2012. (Means backlog belongs to pre 2008 but violation was done during its processing during 2008-2012 period)

Fare enough!! lets hope 25th we have something to celebrate and hope that cic aint going for an appeal

 

[tuyen]

In 2002 and 2003, the federal government was confronted with a similar volley of court challenges to new regulations and the treatment of backlogged cases.

Notice the first 4 words...

 

[tuyen]

lets hope 25th we have something to celebrate and hope that cic aint going for an appeal

Do you think they went to all that effort of writing new laws AND having them passed in Canadian parliament just so they could get overturned by some bleeding-heart liberal judge who loves a good sob story and can't wait for a chance to legislate from the bench?

Of course they will appeal if they lose. It's the only thing that's 100% guaranteed in this whole lawsuit.

 

[joe07]

Do you think they went to all that effort of writing new laws AND having them passed in Canadian parliament just so they could get overturned by some bleeding-heart liberal judge who loves a good sob story and can't wait for a chance to legislate from the bench?

Of course they will appeal if they lose. It's the only thing that's 100% guaranteed in this whole lawsuit.

Well that’s what the judge said that you can appeal. And am damn sure they would be doing the same, they aint fools just to listen to the judge and accept defeat. The whole point about this discussion is that all country have the right to make law provided the pending cases don’t get effected, all new laws will be implemented for future cases. Canada has the right to make new laws and implement the same provided that there are few genuine cases in the FSW backlog which has not seen the light. I am not saying the complete applicants who have applied pre 2008 is eligible for whatever the reason maybe. When I said “hope” it was an hypothetical phrase I used. I do understand the point you are making “Tuyen” , I was only giving hope to people who still believe that there is still a ray of “hope” in their applications.

 

[joe07]

Notice the first 4 words...

what is the first four words to be noticed ?

 

[ofonzo]

The fulcrum of the case is based on discrimination due to point of origin. The lawyers are claiming that applications from certain parts of the world were warehoused due to a loopsided visa quota system. There is existing immigration law that stipulates that applicants will not be discriminated against based on origin, race, creed etc. omnibus bill C-38 does not invalidate this law.
I doubt that the Canadian Government will appeal if the judge rules in favor of litigants and cites discrimination as a basis for his ruling. The government will have to weigh that carefully as it would not want to come across as being unsupportive of immigration from certain parts of the world. The immigrant vote is becoming a major factor in Canadian politics.
Appealing may also be a burden, given that the 1st backloggers case of 2012 has not yet been complied with by the government. The conservatives don't want to come across as ultra-conservatives. It's a slippery slope they might be treading.
Just my opinion though, there are those whose job it is to review policy and strategy.

I wish the litigants well! Years waiting for your application to get processed only for it to be erased is hard to swallow. CIC may have the right to do so but applicants have a righ to challenge it.

 

[wounderful]

The fulcrum of the case is based on discrimination due to point of origin. The lawyers are claiming that applications from certain parts of the world were warehoused due to a loopsided visa quota system. There is existing immigration law that stipulates that applicants will not be discriminated against based on origin, race, creed etc. omnibus bill C-38 does not invalidate this law.
I doubt that the Canadian Government will appeal if the judge rules in favor of litigants and cites discrimination as a basis for his ruling. The government will have to weigh that carefully as it would not want to come across as being unsupportive of immigration from certain parts of the world. The immigrant vote is becoming a major factor in Canadian politics.
Appealing may also be a burden, given that the 1st backloggers case of 2012 has not yet been complied with by the government. The conservatives don't want to come across as ultra-conservatives. It's a slippery slope they might be treading.
Just my opinion though, there are those whose job it is to review policy and strategy.

I wish the litigants well! Years waiting for your application to get processed only for it to be erased is hard to swallow. CIC may have the right to do so but applicants have a righ to challenge it.

Very true, I also cited somewhere that "immigrant vote is becoming a major factor in Canadian politics" thats the reason Immigration policies are main battle field and focus of "Conservatives".

 

[wounderful]

Do you think they went to all that effort of writing new laws AND having them passed in Canadian parliament just so they could get overturned by some bleeding-heart liberal judge who loves a good sob story and can't wait for a chance to legislate from the bench?

Of course they will appeal if they lose. It's the only thing that's 100% guaranteed in this whole lawsuit.

Means another new home for the Lawyers but no problem we are ready. .