Federal Skilled Worker Class Action Lawsuit

[applicantpre8]

Very disappointing .

I think that you should file a litigation regarding your decision. You wrote that you got Medical on July 03, 2012. It means that your SELDEC = 1 means selection decision was made before 29 June, 2012. If your selection decision was done before 29 June, then if I am not wrong your case should be processed. Please refer to ZHU case. His docket ID is IMM-6325-12. Name FEI ZHU. Check this link.

http://decisions.fct-cf.gc.ca/fc-eliisa/search?_language=EN&_courtScope=fc&_all=&_title=&_citation=IMM-6325-12

I suggest you to approach a reputed lawyer.

I have applied for Permanent Residence to Canada as Federal Skilled Worker Class to The Canadian Embassy, Manila, Philippines in 2006. After that I have submitted all necessary papers. Finally I received medical papers on July 3, 2012 and sent medical report on august 2, 2012. On October 2, 2012 I received an acceptance letter from embassy in manila requesting for my passport. I sent the passport last on October 10, 2012. Today (on march 15, 2013) I received my passport without visa. After receiving the refusal I am totally disappointed. In this situation what can I do next? Why did they continue this process after March 28, 2012?

The reason for refusal is that
The Jobs, growth and Long-term Prosperity Act became law on June 29, 2012. Under this legislation, federal Skilled worker(FSW) applications made before February 27, 2008 were terminated by operation of law if a decision based on FSW program selection criteria had not been made by an immigration officer before March 29, 2012.
In conducting a factual review of affected applications, we were noted that the selection decision on your file was made after March 28, 2012. Your application was affected by the Jobs, growth and Long-term Prosperity Act and was terminated by operation of Law on June 29, 2012. As such, your permanent resident visa application was terminated by operation law as a decision had not been made by an immigration officer before March 29, 2012.

 

[msaeed]

I have applied for Permanent Residence to Canada as Federal Skilled Worker Class to The Canadian Embassy, Manila, Philippines in 2006. After that I have submitted all necessary papers. Finally I received medical papers on July 3, 2012 and sent medical report on august 2, 2012. On October 2, 2012 I received an acceptance letter from embassy in manila requesting for my passport. I sent the passport last on October 10, 2012. Today (on march 15, 2013) I received my passport without visa. After receiving the refusal I am totally disappointed. In this situation what can I do next? Why did they continue this process after March 28, 2012?

The reason for refusal is that
The Jobs, growth and Long-term Prosperity Act became law on June 29, 2012. Under this legislation, federal Skilled worker(FSW) applications made before February 27, 2008 were terminated by operation of law if a decision based on FSW program selection criteria had not been made by an immigration officer before March 29, 2012.
In conducting a factual review of affected applications, we were noted that the selection decision on your file was made after March 28, 2012. Your application was affected by the Jobs, growth and Long-term Prosperity Act and was terminated by operation of Law on June 29, 2012. As such, your permanent resident visa application was terminated by operation law as a decision had not been made by an immigration officer before March 29, 2012.

Dear Member

Do not waste your money on Lawyers. Wait for new stream , and reaplly

Kind Regards

 

[applicantpre8]

This is the best option.

Dear Member

Do not waste your money on Lawyers. Wait for new stream , and reaplly

Kind Regards

 

[wounderful]

Dear Effected Members:

I again request to wait just another 10 days to see the litigation results and at this stage joining or not will be not fruitfull , hopefully the ruling will apply to all applicants (litigants as well as non-litigants).

 

[pranx125]

Joe, Did she ask for the refund??

One of my friend has got a refund today. She was 2005 applicant.

 

[gspreet]

Yes its an important Question...
And please all who got refund share some details with forum as well
Like litigants or not
Ask for Refund or not etc.

Joe, Did she ask for the refund??

 

[joe07]

Joe, Did she ask for the refund??

no she didn't. The agent called her and said that she has got a refund and it will reach her very soon from him.

 

[noon]

One of my friend has got a refund today. She was 2005 applicant.

Joe07,
Do you mean that a New delhi 2005 applicant got refund ? 2 weeks back 2003 Dec applicant got refund and they directly jumped to refund 2005 applicants skipping 2004?Curious to know which order are they following ?

 

[joe07]

Joe07,
Do you mean that a New delhi 2005 applicant got refund ? 2 weeks back 2003 Dec applicant got refund and they directly jumped to refund 2005 applicants skipping 2004?Curious to know which order are they following ?

u still haven't figured that out. They don't follow any process. If they did we would not have formed this forum in the first place.

 

[pranx125]

The big question now is that, How sure are the Mi1,Mi2 and Mi3 backloogers will not be met with the same fate like we all did.

I see a Philippines applicant being denied a visa on the grounds that the Job scenario and the economic conditions are bad in Canada.

will that not apply for the MI applicants??? will CIC issue most of these guys the visas????

 

[applicantpre8]

Till date only those applicants had received refund cheque who applied for refund. At present CIC is not refunding those applicants who did not applied for it, either they are terminated or not. CIC is waiting for the decision.

Secondly, CIC is playing game and provoking applicants either PSDEC = 1 or not, to apply for refund by saying that they will refund only to those people who are terminated and applicants are in their trap. They apply for refund thinking they are in safe zone and are shocked after receiving the cheque.

This line exactly fit on Jason Kenney.

VINASH KAALEe. VIPREET BUDDHI...

Kenney and Conservative party ka Vinash aa gya hai.. They will regret for their INJUSTICE but will not be spared by the GOD.

RAWAN bhi Kenney wali Bimari ka shikaar tha. Uski durgati tou sab ne dekh li. GOD, we all are waiting for your justice.

Joe07,
Do you mean that a New delhi 2005 applicant got refund ? 2 weeks back 2003 Dec applicant got refund and they directly jumped to refund 2005 applicants skipping 2004?Curious to know which order are they following ?

 

[deep_kang]

hi,
i am B.sc nurse IN INDIA AND WANT TO GO CANADA on skiled visa with my husband, he is electrician. he has done one year electrical trade course.. what are the requirements can anyone tell me. i have 5.5 ielts score, and have sufficient funds. i have 1 years experience. age 26. My aunt and uncle in CANADA. can i go there with my husband??

 

[sbernados]

no news with the court's decision?

 

[joe07]

Next week being Holy Week we can expect a judgement this week. All the best guys !!

 

[Jatt_warrior]

Till date only those applicants had received refund cheque who applied for refund. At present CIC is not refunding those applicants who did not applied for it, either they are terminated or not. CIC is waiting for the decision.

Secondly, CIC is playing game and provoking applicants either PSDEC = 1 or not, to apply for refund by saying that they will refund only to those people who are terminated and applicants are in their trap. They apply for refund thinking they are in safe zone and are shocked after receiving the cheque.

This line exactly fit on Jason Kenney.

VINASH KAALEe. VIPREET BUDDHI...

Kenney and Conservative party ka Vinash aa gya hai.. They will regret for their INJUSTICE but will not be spared by the GOD.

RAWAN bhi Kenney wali Bimari ka shikaar tha. Uski durgati tou sab ne dekh li. GOD, we all are waiting for your justice.

You are correct. Once you accept the refund amount or ask for refund you will waive off your right for taking CIC to court.CIC is playing this game by luring people to to apply for refund by giving them assurance that they will be given priority in issuing of cheques.