OMNIBUS BUDGET BILL, C-38

[leoal12]

Dear mancilla,
Im FSW MI1 applicant dated June, 2, 2010 am i affected by this issue. If yes how can i participate in the incoming new litigation? thanks

On the eve passage of Bill C-38, the Federal Court issued a decision, declaring unlawful CIC's policy of warehousing indefinitely older federal skilled worker applications in favour of the current batch. The litigation, commenced 28 October 2011, pre-dates the Minister's March 30th announced that he would close all FSW files lodged before 27 February 2008 and not assessed as of 29 March 2012 and, thus, does not address s. 87.4 (hidden in Bill C-38). The decision applies directly only to the 900 applicants who participated in the litigation.

The litigation included applicants who had applied either before 27 February 2008 or between that date and 25 June 2010. While the former group -- about 750 -- are subject to s. 87.4, CIC agreed in writing in January that it would be "guided by" the decision in the lead cases. If the Minister honours this promise, the Minister's closing of roughly 80,000 applications (affecting about 280,000) will have their files assessed and finalized within a specified time-frame.

In the lead case, the Court ordered CIC to finalize the file by October 14th. However, because his file had been assessed in 2010, only medicals and up-dated police clearances are required. For the other litigants, the time-frame (which must still be negotiated) will likely be longer.

For those not involved in the litigation, new litigation is currently being prepared to challenge the closing of the files and will be formally launched after Parliament passes Bill C-38.

 

[Rajan01]

For those not involved in the litigation, new litigation is currently being prepared to challenge the closing of the files and will be formally launched after Parliament passes Bill C-38.

Good Efforts for providing latest updates.

Rajan

 

[Mancilla]

More HELL to come, I guess,

Finance Minister Flaherty has confirmed 2nd "omnibus" budget bill will be tabled in the fall, maybe Nov/Dec'12

 

[Mancilla]

Dear mancilla,
Im FSW MI1 applicant dated June, 2, 2010 am i affected by this issue. If yes how can i participate in the incoming new litigation? thanks

I'll share anything that'll be helpful to all applicants.

 

[ItsBeenLongNow]

Boss, I really appreciate what you are doing buddy

 

[Mancilla]

One of the Canadian Citizen's response on CIC losing the battle against backloggers. Incidentally, he was also an immigrant in 2002. Last Paragraph is quite interesting.... and I agree.

Sounds very much like the fiasco we got embroiled in back 2002/2003, when Denis Coderre was immigration minister. Having been rejected once (CIC change of rules after documents received in London), we came on a work permit (with 3 kids and a dog) just so I could start the job straight away and submitted a second application immediately. 15 months later no response – zilch – no email or written response from them w.r.t progress on our application. I now realise we were probably being “warehoused” as the article below puts it by the muppets at CIC.

Fortunately for us, I contacted a local MP here who had close relationships with my employer (UBC) and with 24 hours my 2nd application had been processed and a permanent residence visa was winging its way through the system

Good luck to those stuck in the system.
Paul

(PS the remainder of those screwed by the system back in 2003 also sued and the court sided with them then, so those idiots in Ottawa obviously learned nothing then and I doubt they will learn nothing now)

 

[Mancilla]

http://wcel.org/resources/environmental-law-alert/west-coast-goes-ottawa-talk-about-how-omnibus-bill-will-harm-canad

 

[Mancilla]

http://www.thestarphoenix.com/opinion/Tories%2Btactic%2Bbackfire/6792495/story.html

 

[Mancilla]

http://www.rt.com/news/canada-human-rights-watchlist-058/

 

[Mancilla]

http://rabble.ca/news/2012/06/doctors-and-medical-students-bill-c-31-attack-health-care-all

 

[Mancilla]

http://rabble.ca/columnists/2012/06/beyond-harper-rebuilding-community

 

[Mancilla]

Here is the link that provides the judgement of Justice Rennie regarding BackLoggers Litigation

http://www.bellissimolawgroup.com/pdfs/reasons-rennie-j.pdf

 

[Mancilla]

http://www.huffingtonpost.ca/2012/06/18/kevin-page-budget-legal-opinion_n_1605674.html

 

[Mancilla]

http://www.theglobeandmail.com/news/politics/ottawa-notebook/dont-defund-freshwater-research-ontario-and-manitoba-tell-tories/article4300344/

 

[Mancilla]

http://www.alternet.org/teaparty/155906/as_america_grows_more_polarized%2C_conservatives_increasingly_reject_science_and_rational_thought/