Federal Skilled Worker Class Action Lawsuit

[farmerofthedell]

OT, but of interest: The list of 24 occupations (cap of 5,000; 300 per occupation) and 4 educ assessment orgs for FSW 2013 is out.

http://www.cic.gc.ca/english/department/media/backgrounders/2013/2013-04-18.asp

 

[kiwi1]

hi guys

Case lost....


http://www.timescolonist.com/news/national/federal-court-backs-government-in-immigration-suit-1.113550

 

[sashali78]

hi guys

Case lost....


http://www.timescolonist.com/news/national/federal-court-backs-government-in-immigration-suit-1.113550

Very disappointing, but expected. Did anyone see the ruling text/summary?

 

[zardoz]

The "Fat Lady" has sung...

 

[umerrais79]

guys we lost :-(

 

[Johnny31]

Judge throws out immigrant lawsuit against feds
5:46 pm, April 18th, 2013


OTTAWA - A judge has thrown out the complaint by around 1,400 potential Federal Skilled Worker (FSW) class immigrants angry the Conservative government shredded their applications and refunded their fees to end a massive processing backlog last year.

The group took the feds to court, arguing the move was unfair.

Federal Court Justice Donald Rennie didn't see it that way, saying the government acted within "the rule of law, the Bill of Rights and the Charter (of Rights and Freedoms)."

Meantime, Immigration Minister Jason Kenney has unveiled a renovated FSW program that will start accepting applications May 4.

The new program caps applications at 5,000 annually in 24 eligible occupations.

"Applications will be processed in approximately one year," Kenney said in a statement.

Under the new rules, applicants must have at least a year's experience in an eligible occupation, pre-arranged employment in Canada or hold a PhD.

http://www.sunnewsnetwork.ca/sunnews/politics/archives/2013/04/20130418-174637.html

 

[ADUFE]

Anyone who knows anything about the Canadian judiciary should not have been too surprised.....Pathetic

 

[Knight_Crusader]

Judge throws out immigrant lawsuit against feds
5:46 pm, April 18th, 2013


OTTAWA - A judge has thrown out the complaint by around 1,400 potential Federal Skilled Worker (FSW) class immigrants angry the Conservative government shredded their applications and refunded their fees to end a massive processing backlog last year.

The group took the feds to court, arguing the move was unfair.

Federal Court Justice Donald Rennie didn't see it that way, saying the government acted within "the rule of law, the Bill of Rights and the Charter (of Rights and Freedoms)."

Meantime, Immigration Minister Jason Kenney has unveiled a renovated FSW program that will start accepting applications May 4.

The new program caps applications at 5,000 annually in 24 eligible occupations.

"Applications will be processed in approximately one year," Kenney said in a statement.

Under the new rules, applicants must have at least a year's experience in an eligible occupation, pre-arranged employment in Canada or hold a PhD.

http://www.sunnewsnetwork.ca/sunnews/politics/archives/2013/04/20130418-174637.html

I feel really sorry for the litigants who were misled by the lawyers on the interpretation of the Charter.
When I tried to speak sense about the lawyer and the Charter, I was called many a things by people who are so thick that even their own God did not help them . For the lot, who had a go at me, I did promise, I would be back after the judgement to say

This not being insensitive to the cause of the pre-2008. But the Litigation, was not the right thing to do. My views were only directed at the lawyers , their agents here and the blind people here who would not take the right advise.

 

[hopefulever]

I think result does not include full litigants. only partial result dismissing pci case. there were few lead cases whose judgement is awaited. let us see and wait for next.

 

[can88da]

The rights of would-be immigrants were not trampled when the Conservative government closed their files and refunded their application fees to get rid of a massive backlog, the Federal Court has ruled.

Looks like the end of the road. What started in February 2008 has now ended in 2013. Never thought this would happen but alas it has. Even if that was another case I don't think the ruling would be any different to any other case.

The Canadian judiciary has given the green light to the government and now I think I will go for a refund.

I hope others luck in their future.

 

[sbernados]

Looks like the end of the road. What started in February 2008 has now ended in 2013. Never thought this would happen but alas it has. Even if that was another case I don't think the ruling would be any different to any other case.

The Canadian judiciary has given the green light to the government and now I think I will go for a refund.

I hope others luck in their future.

Does bellissimo release official statement of the judgement?

 

[can88da]

Does bellissimo release official statement of the judgement?

I don't know though he must have sent e-mails of the judgment to his clients. I got the news from the link posted above and I Googled further.

Here is another one

http://visalawcanada.blogspot.com/2012/12/federal-court-dismisses-application-on.html

 

[can88da]

sorry wrong link. Please ignore last link

 

[annel]

Does this mean we lost, i just got this from the court web site.

2013-04-18 Ottawa (Final decision) Reasons for Judgment and Judgment dated 18-APR-2013 rendered by The Honourable Mr. Justice Rennie Matter considered with personal appearance The Court's decision is with regard to Judicial Review and certification of a serious question of general importance Result: dismissed "...These Reasons for Judgment and Judgment apply in respoect of all files listed in Annex D hereto...Leave is hereby granted to the parties to bring a motion beyond the ten day requirement specified in Rule 397 to vary the terms of this judgment by amending Annex D to address any omissions or errors in that Annex...Submissions on costs are due within twenty days of the date of this decision." Filed on 18-APR-2013 copies sent to parties Certificate of Judgment entered in J. & O. Book, volume 596 page(s) 18 - 20

 

[j.sohi]

Does this mean we lost, i just got this from the court web site.

2013-04-18 Ottawa (Final decision) Reasons for Judgment and Judgment dated 18-APR-2013 rendered by The Honourable Mr. Justice Rennie Matter considered with personal appearance The Court's decision is with regard to Judicial Review and certification of a serious question of general importance Result: dismissed "...These Reasons for Judgment and Judgment apply in respoect of all files listed in Annex D hereto...Leave is hereby granted to the parties to bring a motion beyond the ten day requirement specified in Rule 397 to vary the terms of this judgment by amending Annex D to address any omissions or errors in that Annex...Submissions on costs are due within twenty days of the date of this decision." Filed on 18-APR-2013 copies sent to parties Certificate of Judgment entered in J. & O. Book, volume 596 page(s) 18 - 20

. Yes we lost the case & only the way if we appeal in supreme court
Regards
Sohi