Federal Skilled Worker Class Action Lawsuit

[jeffgee03]

Dear geffgee03,

This is very unfortunate. Were you able to access your online case status before this refund communication or it was blank?

Did you receive an e-mail or surface letter? Which Visa Office (VO) handles your case?

Thanks.

I wasn't able to access our case online before this refund communication. It is now blank.

No emails received. Just this termination letter. Didn't know it was a year already since this issue started. Manila VO is handling our case btw.

 

[farmerofthedell]

jeffgee03: You know what's really bad? CEM was handling files between Nov2004 to Apr2005 up to the end of Mar2012. There are some Pinoys from Apr2005 who are already in Canada (I believe MR in Dec2011 and visa by May2012). It's just bad luck that your file wasn't being processed at that time.

 

[jackdaw_flick]

Just received our termination letter. I'm really shocked about this decision. We have been waiting since March 2005. We even replied to their letter last 2011 if we're still interested in continuing the application. This year marks our 8th year of waiting and now this. Goodluck to all litigants. If I had known, I would've joined them. Has anyone tried appealing to the Visa Office in your country? I'm just really disappointed this happened. We will not be able to apply for the new one since our occupations are not included in the current NOC priority list.

Dear jeffgee03,

I am wondering why you rcvd. the termination letter, As per the CIC data most of the applicants before
2006 are already in Canada, so same duration case can't be judge in different way, I think its the
general issue of fee return form.

May be I am wrong , Anyone pls. advice in this regard.

 

[farmerofthedell]

jackdaw_flick: Depends on what batch the specific VO was processing. Manila VO claims to have been processing up to April 2005 as of March 2012, but there are some with AOR of Nov 2004 who claim that they did not get any request for update. And if the VO were going to start processing jeffgee03's file, he should have received a request for update by June 2012, otherwise he can consider it terminated by operation of law. I believe New Delhi VO is even farther behind, possibly no 2004 processed.

 

[ghassanmaalouf]

hello!!

i am a lebanese guy with a BA in business and Economics from a French university,
i have over 2 years of experience in the banking sector
i wanted to apply for a skilled worker, but it seems they are complicating things from lebanon for the procedure,
i have a couple of additional questions:
is it easy to go there under another program? or is the skilled worker for such a case the best?
and is setteling in there knowing that i know nobody, can it be done?

 

[farmerofthedell]

ghassanmaalouf: Since you graduated from a French university, I would assume that you have good French skills. You can try Quebec skilled worker, which has different qualifications from FSW: http://www.immigration-quebec.gouv.qc.ca . Holders of certain business-related degrees were still qualified when I checked 2 months ago.

 

[hopefulever]

There is news from canadian sources . Appeal in the fedral court will be accepted and all litigants will get relief by Dec 2013.Can others confirm from their links in cic & canadian source, if it is an authentical news ?

 

[Badal789]

All those who have 3,00,000 Applicants who have submitted their application for immigration to canada.

Along with case Please write to the following Email Ids. The are email Ids of UN Human Right Commission.

gmagazzeni @ ohchr.org

nationalinstitutions @ ohchr.org

civilsociety @ ohchr.org

Please copy and paste the following well written draft to the email give below, also please go to the link (http://www.un.org/en/contactus/) then paste under message. at end WRITE YOUR NAME.
This appeal may not work directly but certainly there will an impact on the appeal made to the higher court. Let`s try, nothing to lose....... After sending please confirm. Thanks.


the United Nations High Commissioner for Human Rights (OHCHR)
Honourable High Commissioner,
The United Nations High Commissioner for Human Rights
Geneva, Switzerland

Dear Sir,
This is to bring into your notice the repeated violation of human rights by the present Canadian government and for that we, about 280,000 people of different nationalities are suffering. As said in your website (quote) Human rights are inalienable. They should not be taken away.. (unquote), we are making appeal to you kindly extend your support to stop that injustice.
We applied for Canadian immigration during 2006 and paid required fees. First on 28 Nov 2008 Canadian Hon. Immigration Minister issued notice (quote) …All applications and requests made prior to February 27, 2008, shall be processed in the manner existing at the time of application. ………………. Federal skilled worker applications submitted on or after February 27, 2008, and that meet the following criteria shall be placed into processing immediately upon receipt(unquote) that instruction was not Equal but discriminatory. That instruction clearly violated the Article 1 of the Universal Declaration of Human Rights: “All human beings are born free and equal in dignity and rights.” Our files were kept un-processed but who applied later got processed their files and landed already in Canada.
Last year the Hon Minister announced to terminate the cases of about 90,000 files corresponding to about 280,000 people are affected. Unfortunately that decision was taken after keeping them waiting for about 6 years. Interestingly applicants applied later are kept to process. We suffered psychologically, financially but no compensation was offered to us only processing fees to be returned but actually we spent additionally to prepare and to submit the documents, more over for our sufferings including our children. A clause of Human Rights is (quote) Interdependent and indivisible - All human rights are indivisible, whether they are civil and political rights, such as the right to life, equality before the law and freedom of expression; economic, social and cultural rights, such as the rights to work, social security and education , or collective rights, such as the rights to development and self-determination, are indivisible, interrelated and interdependent. The improvement of one right facilitates advancement of the others. Likewise, the deprivation of one right adversely affects the others. (unquote). We found most of our files were assessed during the year 2010 and given points making us qualified to obtain Canadian Permanent Residency but because of the delay by the visa officer our file processing were not completed – question is if the delay was made by the visa officers why we have to suffer and visa officers will go un-punished? To avoid the delay Canada government may provide more officials and extra cost could be taken from the all applicants.
Thank you for agreeing that it is clearly violation of human rights to cancel the applications applied first but keeping those who applied later.
Honourable High Commissioner, we appeal to you on behalf of those 280,000 affected people, two third are women and children to protect our rights by contacting the Canadian government and issue a statement to condemn the Human Rights violations, request to cancel the unfair decision and to re-open our cases. We are waiting for the last 7 years, we suffered heavily and now want justice.
Thank you Sir for your kind time and efforts to bring the justice.
Yours Truly,

 

[PMM]

Hi

There is news from canadian sources . Appeal in the fedral court will be accepted and all litigants will get relief by Dec 2013.Can others confirm from their links in cic & canadian source, if it is an authentical news ?

Must be a rumor, how can anybody state the results of a Federal Court of Appeal which hasn't been heard. Grasping at straws, or lawyers wanting more of your money.

 

[Gaber1]

God is annoyed over the way conjors are handelling the nation affairs.

 

[farmerofthedell]

Hi

Must be a rumor, how can anybody state the results of a Federal Court of Appeal which hasn't been heard. Grasping at straws, or lawyers wanting more of your money.

Payment by appelants is not mandatory. According to http://www.bellissimolawgroup.com/arguments-in-class-proceedings-begins-january-14th-930-a-m-est : "... we are prepared to move forward with this appeal and not charge you additional legal fees" and "... we would appreciate, without obligation on your part, a $150.00 contribution per main applicant."

Even so, PMM is right -- there is no benefit in making any projections as each court can go either way, particularly because this is uncharted territory.

 

[PMM]

Hi

Payment by appelants is not mandatory. According to http://www.bellissimolawgroup.com/arguments-in-class-proceedings-begins-january-14th-930-a-m-est : "... we are prepared to move forward with this appeal and not charge you additional legal fees" and "... we would appreciate, without obligation on your part, a $150.00 contribution per main applicant."

Even so, PMM is right -- there is no benefit in making any projections as each court can go either way, particularly because this is uncharted territory.

If not, how come they want you to sign a new retainer agreement?

 

[zardoz]

God is annoyed over the way conjors are handelling the nation affairs.

Which god? There are so many, or none, to choose from... ;D

 

[Gaber1]

Refers to one and only one super natural power which is above all the universe.

 

[farmerofthedell]

If not, how come they want you to sign a new retainer agreement?

The initial agreement may have been worded such that the lawyer's job ends when a decision is made in Federal Court.
A remuneration clause is not mandatory in a retainer agreement.