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Deleted member 994371
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Bro, feel free to borrow my `Enter` key.IRCC is a service provider and the applicants are the client. There is an implied contract when they charge you fees for processing application. Them offering you invitation to apply for PR is them making an offer and you accepting that invitation and applying is the acceptance of the offer and consideration being paid (fees). These are the building blocks of a contract. offer-acceptance-consideration.
They may escape liability under contract since they did not legally promise any specific timeline for processing, however they can still be liable under tort, specifically personal injury. A service provider is bound by certain service standards when charging for the services even if they contracted not to be bound by any such timeline. They can even be charged with fraud for charging for services they did not intend to provide. It all depends on the lawyer you engage and how much interest they have in taking such a matter.
I have been talking to people regarding this that IRCC breaks laws all the time without having any legal ground just because, they themselves don't know their actions are exposing them to legal risk and secondly, no one has questioned them on their methods.
And the reason nobody has questioned them on their methods is that a majority of applicants are people who believe they do not have a legal standing or think that suing a government entity will affect their chances of getting PR (honestly, the latter category is mostly the idiotic fucks from the forever hopeful cult, I have even stopped appealing to them because I know that they can't even comprehend the basics of what we are talking here).
Lastly, you'll need different type of lawyers for this thing. If you are just concerned with your application being processed, your best bet is an immigration lawyer for mandamus, but if you wanna question their illogical and shady methods, you'd be better off with a personal injury lawyer, immigration lawyers are practically useless for such issues. Its similar to going to an eye specialist for a stomach problem. Useless. I even joined a WhatsApp group with people who were actually active and considering legal action but after a few discussions it was realised that most were only interested in getting their applications sorted and didn't care about the rest and hence, the class action would fall apart if people don't stick together.
And that's what's risky, people wouldn't care if in the middle of the case if a decision is made on their applicaqtionand would leave the suit midway with only a handful left who are stuck in the limbo. And the handful left may not be able to continue the case for financial reasons or a multitude of other reasons. You need people who'd be willing to stick till the end. To be honest, its going to be a very simple case if people go through with it. They do not have a single line of defence.
No justification of why CEC applications from Oct-Nov 2021 are finalised while FSW from 2019 are pending. No justification of why approximate processing times are not being provided or no communication is being made or even enquiries not being entertained (it actually resembles the actions of a fraudulent business entity, who does not respond to your concerns once you've paid for their services).
And the biggest, why they are making false claims that PR applications are being processed within 6 months when clearly they are not. (That's the biggest claim if you want to highlight fraudulent intentions). They are used to a lassies-faire way of functioning because no one has ever questioned their services and most applicants believe that they are the ultimate decision maker of one's destiny in Canada.