Below are updates with respect to those pursuing legal proceedings against the CIC for warehousing applications.
FWS Processing
8 February 2012
June 5th has been provisionally set for the Court to hear opposing arguments. The Court will likely defer rending its decision until a later date. The decision will only apply to those who have joined the litigation before June 5th.
7 February 2012
Total litigants: 655. Others may join the litigation.
The Court ratified the written agreement between the parties that (a) we would argue one case per class while the other cases are deferred and, if we succeed, (b) CIC "will be guided by the decisions in the representative cases" in handling the other litigant's FSW applications. Although CIC's phrasing gives it some wiggle room, the judge deciding the representative cases will be empowered to require CIC to process the other 653 cases on the same terms as is ordered for the representative cases (and will be aware that CIC has provisionally agreed to do so). The Court's orders will apply only to the (655) applicants who are participating in the litigation.
Class I; i.e., those who applied before 27 February 2008; comprises roughly 75% of the litigants. The representative cases arises out of Beijing and concerns an IT manager whom a visa officer found in March 2010 meets selection criteria and who received maximum points for English.
Class II; i.e., those who applied between 27 February 2008 and 25 June 2010; is represented by a case lodged in New Delhi. The litigant is a nurse, whose IELTS results were 6.5., 7.5, 8.5 and 8.5; her husband holds a B.Com. and is a bookkeeper.