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Federal Skilled Worker Class Action Lawsuit

st-cnncomes

Star Member
Dec 5, 2012
86
4
msaeed said:
Sir

We must understand that "Its All Over Now" , lawyers are MAFIA , and they are minting money.
Bill that has been passed by parliament , signed by Queen , cannot be challenged or overruled.

Life ends , when soul is taken by Al-Mighty Allah - Its our belief that , there is always blessing in disguise for every human.

We must gather our energies to make our and our family lives better - Canada is not the end of life

I hope every one will take this positively


Stay Blessed



I have full faith in GOD the Almighty Father, I will either get my visa or something better. To be honest an American Visa would be the Icing on the Cake.
Take care.

Stay Blessed
 

csaona

Member
Dec 4, 2013
16
0
Hello friends.

Updating the Tim´s information 04-02-2014 :) ;) :D ;D

Dear Litigant,

Attached is the letter from DoJ, advising that CIC has agreed to allow our cases to proceed. CIC will, however, continue to oppose our positions. It will be up to the presiding judge to rule on the issues.

We have two lead cases, addressing three issues:
1. Back, IMM-1-13:
a. never assessed pre-Bill C-50 applicants
b. who joined the litigation before the Liang decision (before 14 June 2013)
2. Gong: those who joined after 14 June 2013 and
a. were never assessed or
b. were assessed after 29 March 2012.

The target date for the hearing is May 28th. However, the Court will have to grant the hearing date. I will advise when we have a date. Both cases will be argued on the same day.

If you (a) joined the litigation group (by submitting a signed retainer agreement and making the first payment) and (b) received this email from me, you are in one sub-category or the other. There is no need to ask me if or in which. Both cases, as I said, will be argued the same day before the same judge.

As you can see, we may adduce additional information, and I may re-write our arguments within the time-frame DoJ has proposed (which is the standard procedure).

So, at long last we may be on our way for a decision!

Regards,

Tim


February 03, 2014
VIA FACSIMILE
Timothy E. Leahy
Bureau regional de l'Ontario
la tour Exchange
130 rue King ouest
Piece 3400, CF' 36
Toronto (Ontano)
M5X 1K6
Forefront Migration Limited
45 Sheppard East, Suite 900
Toronto, Ontario M2N 5W9
Dear Mr. Leahy,
Re: BACK v, Mel and GONG v. MCI
Court File No,: IMM-1-13 and IMM-6828-12
Tel.
Fex:
Email:
Our Filo:
Notre dossier:
Your File:
Vot", dossier:
(416) 952·2856
(4161954·8982
14-618085
P.002
IMM-1-13I1MM-6828-12

We have now received instructions regarding Back and Gong as the lead cases
concerning the validity of s, 87.4 of IRPA as it concerns: a) those cases under the
Protocol (Back) and b) those whose inclusion under the Protocol is disputed, as well as
the effect of reaching a selection decision after March 29, 2012 (Gong).

The Minister will not oppose leave in Back and Gong, on the understanding that they
will serve as lead cases to facilitate the final disposition of the matters currently joined
under the Emam proceedings, as identified in the lists previously provided by you. The
Minister does not accept that these matters raise an arguable issue and will therefore
file submissions opposing leave. Although, the Minister will not oppose leave in Back
and Gong, the authority remains with the Federal Court to determine whether leave is
granted for both lead cases.

The parties are now in a position to propose a plan for the Case Management Judge,
Justice Barnes, We propose the following plan and time line for your comment:

1, The Minister will file the Respondent's Record in Gong on or before February
21,2014 The Applicant may file his reply on the usual timelines,
Should the Court grant leave for both Back and Gong, the proposed dates are:

2. The hearing of these matters will occur together on or about May 28, 2014,
subject to the Court's availability,

3. The Court's order granting leave will be issued on or about February 28,
2014, a date 90 days prior to the hearing date in keeping with s. 74(b) of the
Immigration and Refugee Protection Act. Canada

FEB-03-2014 15:04
P.003

- 2 -4. The tribunal shall send copies of its record pertaining to the lead cases to the
parties on or before March 13, 2014.

5. The Applicants will serve and file further affidavits, if any, on or before March
27,2014.

6. The Respondent will serve and file further affidavits, if any, on or before April
10,2014.

7. Cross-examinations on affidavits will be completed on or before April 25,
2014. If a party wishes to cross-examine an affiant by way of written
interrogatories, a list of interrogatories will be served on the opposing party
and filed in Court on or before April 15, 2014 and the affiant's responses
served and filed on or before April 25, 2014.

8. The Applicants' further memorandum of argument, if any, will be served and
filed on or before May 12, 2014.

9. The Respondents' further memorandum of argument, if any, will be serviced
and filed on or before May 21,2014.

10. The lists of Applicants to be joined in these proceedings will be closed as of
the date ofthe hearing.

Please advise if you are agreeable to these dates outlined above and we can draft a
letter to the Federal Court. We look forward to your response.

Martin Anderson
Senior Counsel
Immigration Law Division

:) ;) :D ;D
 

Shajitmathew

Star Member
Nov 1, 2012
121
4
Visa Office......
CIO Sydney
csaona said:
Hello friends.

Updating the Tim´s information 04-02-2014 :) ;) :D ;D

Dear Litigant,

Attached is the letter from DoJ, advising that CIC has agreed to allow our cases to proceed. CIC will, however, continue to oppose our positions. It will be up to the presiding judge to rule on the issues.

We have two lead cases, addressing three issues:
1. Back, IMM-1-13:
a. never assessed pre-Bill C-50 applicants
b. who joined the litigation before the Liang decision (before 14 June 2013)
2. Gong: those who joined after 14 June 2013 and
a. were never assessed or
b. were assessed after 29 March 2012.

The target date for the hearing is May 28th. However, the Court will have to grant the hearing date. I will advise when we have a date. Both cases will be argued on the same day.

If you (a) joined the litigation group (by submitting a signed retainer agreement and making the first payment) and (b) received this email from me, you are in one sub-category or the other. There is no need to ask me if or in which. Both cases, as I said, will be argued the same day before the same judge.

As you can see, we may adduce additional information, and I may re-write our arguments within the time-frame DoJ has proposed (which is the standard procedure).

So, at long last we may be on our way for a decision!

Regards,

Tim


February 03, 2014
VIA FACSIMILE
Timothy E. Leahy
Bureau regional de l'Ontario
la tour Exchange
130 rue King ouest
Piece 3400, CF' 36
Toronto (Ontano)
M5X 1K6
Forefront Migration Limited
45 Sheppard East, Suite 900
Toronto, Ontario M2N 5W9
Dear Mr. Leahy,
Re: BACK v, Mel and GONG v. MCI
Court File No,: IMM-1-13 and IMM-6828-12
Tel.
Fex:
Email:
Our Filo:
Notre dossier:
Your File:
Vot", dossier:
(416) 952·2856
(4161954·8982
14-618085
P.002
IMM-1-13I1MM-6828-12

We have now received instructions regarding Back and Gong as the lead cases
concerning the validity of s, 87.4 of IRPA as it concerns: a) those cases under the
Protocol (Back) and b) those whose inclusion under the Protocol is disputed, as well as
the effect of reaching a selection decision after March 29, 2012 (Gong).

The Minister will not oppose leave in Back and Gong, on the understanding that they
will serve as lead cases to facilitate the final disposition of the matters currently joined
under the Emam proceedings, as identified in the lists previously provided by you. The
Minister does not accept that these matters raise an arguable issue and will therefore
file submissions opposing leave. Although, the Minister will not oppose leave in Back
and Gong, the authority remains with the Federal Court to determine whether leave is
granted for both lead cases.

The parties are now in a position to propose a plan for the Case Management Judge,
Justice Barnes, We propose the following plan and time line for your comment:

1, The Minister will file the Respondent's Record in Gong on or before February
21,2014 The Applicant may file his reply on the usual timelines,
Should the Court grant leave for both Back and Gong, the proposed dates are:

2. The hearing of these matters will occur together on or about May 28, 2014,
subject to the Court's availability,

3. The Court's order granting leave will be issued on or about February 28,
2014, a date 90 days prior to the hearing date in keeping with s. 74(b) of the
Immigration and Refugee Protection Act. Canada

FEB-03-2014 15:04
P.003

- 2 -4. The tribunal shall send copies of its record pertaining to the lead cases to the
parties on or before March 13, 2014.

5. The Applicants will serve and file further affidavits, if any, on or before March
27,2014.

6. The Respondent will serve and file further affidavits, if any, on or before April
10,2014.

7. Cross-examinations on affidavits will be completed on or before April 25,
2014. If a party wishes to cross-examine an affiant by way of written
interrogatories, a list of interrogatories will be served on the opposing party
and filed in Court on or before April 15, 2014 and the affiant's responses
served and filed on or before April 25, 2014.

8. The Applicants' further memorandum of argument, if any, will be served and
filed on or before May 12, 2014.

9. The Respondents' further memorandum of argument, if any, will be serviced
and filed on or before May 21,2014.

10. The lists of Applicants to be joined in these proceedings will be closed as of
the date ofthe hearing.

Please advise if you are agreeable to these dates outlined above and we can draft a
letter to the Federal Court. We look forward to your response.

Martin Anderson
Senior Counsel
Immigration Law Division

:) ;) :D ;D
WHATEVER BE THE OUT COME, LET PRAISE BE TO THE GOD.
"Hebrews 11:1-40

Now faith is the assurance of things hoped for, the conviction of things not seen. For by it the people of old received their commendation. By faith we understand that the universe was created by the word of God, so that what is seen was not made out of things that are visible. By faith Abel offered to God a more acceptable sacrifice than Cain, through which he was commended as righteous, God commending him by accepting his gifts. And through his faith, though he died, he still speaks. By faith Enoch was taken up so that he should not see death, and he was not found, because God had taken him. Now before he was taken he was commended as having pleased God."

Belive in God, he will do only GOOD for you, me and all.
 

chem_miss

Full Member
May 16, 2013
43
1
Manila, Philippines
Category........
Visa Office......
Manila, Philippines
NOC Code......
2134
Job Offer........
Pre-Assessed..
App. Filed.......
22-05-2013
Nomination.....
PER RECEIVED - 01-Aug-2013
IELTS Request
Sent together with application (R=7.5, L=7, W=7, S=7)
Med's Request
8-Apr-2014
Med's Done....
11-Apr-2014
Interview........
Waived
Passport Req..
2-Jul-2014
VISA ISSUED...
30-Jul-2014
LANDED..........
17-Aug-2014
It has been more than 6 months (June 30, 2013) since I submitted the refund forms to CIC but up to now I have not received my money back. I emailed them 2 weeks ago about the status of my request but all I got is an auto reply message. That was my 3rd follow-up communication to CIC..

What shoud I do now?? :'( :mad:
 

Forever Victory

Hero Member
Mar 7, 2013
335
5
Philippines
Category........
Visa Office......
Manila
NOC Code......
3211
Job Offer........
Pre-Assessed..
App. Filed.......
11-06-2013
Nomination.....
November 2013, by God's Grace
AOR Received.
11-06-2013
IELTS Request
IELTS submitted: 01-11-2013
Med's Request
Soon, in God's perfect time
Med's Done....
Soon, in God's perfect time
VISA ISSUED...
Soon, in God's perfect time
LANDED..........
June 2014 by God's Grace
chem_miss said:
It has been more than 6 months (June 30, 2013) since I submitted the refund forms to CIC but up to now I have not received my money back. I emailed them 2 weeks ago about the status of my request but all I got is an auto reply message. That was my 3rd follow-up communication to CIC..

What shoud I do now?? :'( :mad:
Hi chem_miss,

Same here, I also filed my refund last July 2013 but up to now, I still did not get any refund. In their auto reply, they mentioned that we should only contact them after 6 months from the date we filed our refund. I suggest you write them again. I will write them next week because it is already more than 6 months. Hoping for the best. Thank you.
 

zardoz

VIP Member
Feb 2, 2013
13,298
2,167
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
Shajitmathew said:
WHATEVER BE THE OUT COME, LET PRAISE BE TO THE GOD.
"Hebrews 11:1-40

Now faith is the assurance of things hoped for, the conviction of things not seen. For by it the people of old received their commendation. By faith we understand that the universe was created by the word of God, so that what is seen was not made out of things that are visible. By faith Abel offered to God a more acceptable sacrifice than Cain, through which he was commended as righteous, God commending him by accepting his gifts. And through his faith, though he died, he still speaks. By faith Enoch was taken up so that he should not see death, and he was not found, because God had taken him. Now before he was taken he was commended as having pleased God."

Belive in God, he will do only GOOD for you, me and all.
Given that this is a multiracial, multifaith (or none) forum, is it appropriate to post in this manner? Your last sentence is essentially proselytising..
 

Shajitmathew

Star Member
Nov 1, 2012
121
4
Visa Office......
CIO Sydney
zardoz said:
Given that this is a multiracial, multifaith (or none) forum, is it appropriate to post in this manner? Your last sentence is essentially proselytising..
Sorry, if it hurts anybody
 

chem_miss

Full Member
May 16, 2013
43
1
Manila, Philippines
Category........
Visa Office......
Manila, Philippines
NOC Code......
2134
Job Offer........
Pre-Assessed..
App. Filed.......
22-05-2013
Nomination.....
PER RECEIVED - 01-Aug-2013
IELTS Request
Sent together with application (R=7.5, L=7, W=7, S=7)
Med's Request
8-Apr-2014
Med's Done....
11-Apr-2014
Interview........
Waived
Passport Req..
2-Jul-2014
VISA ISSUED...
30-Jul-2014
LANDED..........
17-Aug-2014
Forever Victory said:
Hi chem_miss,

Same here, I also filed my refund last July 2013 but up to now, I still did not get any refund. In their auto reply, they mentioned that we should only contact them after 6 months from the date we filed our refund. I suggest you write them again. I will write them next week because it is already more than 6 months. Hoping for the best. Thank you.
Thanks Forever_Victory for the advise! :) I'm going to email them again next week and will not STOP until I get my refund..Pls let me know as soon as you receive your money back or any reply from CIC re your request.

Have a nice day and God bless!
 

Forever Victory

Hero Member
Mar 7, 2013
335
5
Philippines
Category........
Visa Office......
Manila
NOC Code......
3211
Job Offer........
Pre-Assessed..
App. Filed.......
11-06-2013
Nomination.....
November 2013, by God's Grace
AOR Received.
11-06-2013
IELTS Request
IELTS submitted: 01-11-2013
Med's Request
Soon, in God's perfect time
Med's Done....
Soon, in God's perfect time
VISA ISSUED...
Soon, in God's perfect time
LANDED..........
June 2014 by God's Grace
chem_miss said:
Thanks Forever_Victory for the advise! :) I'm going to email them again next week and will not STOP until I get my refund..Pls let me know as soon as you receive your money back or any reply from CIC re your request.

Have a nice day and God bless!
Hi chem_miss,

I will also write them every month starting this month until I get my refund. I waited 7.5 years just to find out about the refund. Now I applied for refund, again they let us experience the agony of waiting.

I made my request very simple for them, I authorized my aunt who is in New York to receive the refund on my behalf.

Hope we get the refund very very soon.

Thank you.
 

hopefulever

Hero Member
Feb 11, 2012
327
2
Category........
Visa Office......
NDLS
NOC Code......
4131
Job Offer........
Pre-Assessed..
App. Filed.......
10-07-2004
Doc's Request.
Nov 2008
Is there any chance left for tim post june litigants?
 

st-cnncomes

Star Member
Dec 5, 2012
86
4
zardoz said:
Given that this is a multiracial, multifaith (or none) forum, is it appropriate to post in this manner? Your last sentence is essentially proselytising..

The same goes for people In this forum using names like allah, this is not acceptable to people like us. No names of ones god should be posted in this forum. People can visit their own religious sites. I find it very amusing that some people have assumed,all of us share their beliefs.
 

Forever Victory

Hero Member
Mar 7, 2013
335
5
Philippines
Category........
Visa Office......
Manila
NOC Code......
3211
Job Offer........
Pre-Assessed..
App. Filed.......
11-06-2013
Nomination.....
November 2013, by God's Grace
AOR Received.
11-06-2013
IELTS Request
IELTS submitted: 01-11-2013
Med's Request
Soon, in God's perfect time
Med's Done....
Soon, in God's perfect time
VISA ISSUED...
Soon, in God's perfect time
LANDED..........
June 2014 by God's Grace
Hello Everyone,

Finally after more than 7 months of waiting for my refund I finally got it. Total refund is only $ 493.32. They deducted $ 56.68 from my original $ 550. I do not know what the deduction is but I no longer mind, at last I got a part of my money back.

Hope everything is doing fine with everyone.
 

Shajitmathew

Star Member
Nov 1, 2012
121
4
Visa Office......
CIO Sydney
Forever Victory said:
Hello Everyone,

Finally after more than 7 months of waiting for my refund I finally got it. Total refund is only $ 493.32. They deducted $ 56.68 from my original $ 550. I do not know what the deduction is but I no longer mind, at last I got a part of my money back.

Hope everything is doing fine with everyone.
R U A LITIGANT?
 

Forever Victory

Hero Member
Mar 7, 2013
335
5
Philippines
Category........
Visa Office......
Manila
NOC Code......
3211
Job Offer........
Pre-Assessed..
App. Filed.......
11-06-2013
Nomination.....
November 2013, by God's Grace
AOR Received.
11-06-2013
IELTS Request
IELTS submitted: 01-11-2013
Med's Request
Soon, in God's perfect time
Med's Done....
Soon, in God's perfect time
VISA ISSUED...
Soon, in God's perfect time
LANDED..........
June 2014 by God's Grace

anthello

Full Member
Feb 19, 2011
22
0
Category........
Visa Office......
Trinidad and Tobago
NOC Code......
4121
Job Offer........
Pre-Assessed..
App. Filed.......
19-11-2007
Doc's Request.
08-06-2012
Forever Victory said:
Hello Everyone,

Finally after more than 7 months of waiting for my refund I finally got it. Total refund is only $ 493.32. They deducted $ 56.68 from my original $ 550. I do not know what the deduction is but I no longer mind, at last I got a part of my money back.

Hope everything is doing fine with everyone.
Wow I am glad to hear. I hope you are still following this thread I would like to know what year you originally applied to FSW program. I started in Nov 2007.