BACKLOGGERS LITIGATION

[hope_life]

I second u on this point.
What was the point of accepting more applications when cic already had pool of applicants with them.
they cud have filtered those applicants whose occupations were in demand instead of launching m1,m2,mx...

seems cic has jst waken up frm sound sleep.
sheer injustice.

This is a very bad news for old applicants and  we all have to support  the aggrieved parties.

There are followig points from my side for legal case:

1-Why the minister did not look at the backlog pool applicants for professions in demand  before picking the categories for professions in demand  for M1,M2, M3.??This is huge negligence on thier part.

2-If the minister had taken this decesion to return  the back log applicants in June 2010,before the announcement of M1, M2, M3
categories , the old applicants could apply in new categories, but now they cannot apply as thier categories have dropped from the lists ,by doing that the minister  has spoiled the future of old applicants which is not totally thier fault.This fact should be put before the parliament.

3-what a huge comparison that at one side the immigration department of canada has admitted that thousands of  immigrants have obtained canadian   nationality by Fraud in past and the department has done nothing  against them whereas on the other side there are innocent applicants before 2008 who are waiting since 6-7 years and want to contribute to canadian economy by fair means , but without  thier fault they are being punished.

4. I think a competent lawyer should win this case. Because in Uk it was happened in "Judicial Review" in HSMP cases.
 










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[nahid023]

We are reaching the right people who can make a big difference:
 
NDP Says Kenney Presses Delete Button On 30,000 People
 
Jinny Sims, NDP's new Immigration critic, says potential new Canadians being punished for government inaction.
 
OTTAWA – The F35s and prisons agenda aren't the only places that are seeing wild improvisation from the Harper government, according to the NDP.
 
In fact, the Official Opposition's new Immigration Critic, Jinny Sims says that thousands of potential new Canadians are seeing their files wiped out because of government inaction.
 
“The Conservatives have decided to hit the delete button on the files of 300,000 people in the federal skilled worker program,” said Sims as she grilled Minister Jason Kenney during Question Period today.
 
The Conservative government recently decided to return all skilled worker applications received before 2008 in an effort to wipe out the backlog. But many applicants are now wondering why those who got in line patiently and followed the rules are now being punished.
 
“We are hearing tragic stories in my constituency office almost every day,” said Sims. “Frankly, they wonder how a country like Canada could be so unfair and cruel.”
 
Sims said she believes that new Canadians make our country stronger, but many are not getting the fair treatment they deserve. To that end, she believes Canada needs a fair efficient, transparent and accountable immigration system – not what the Conservatives are offering.
 
“What happened to fairness when it comes to our immigration system and why this colossal betrayal of trust?”
 http://thelinkpaper.ca/​?p=15943
 
http://www.youtube.com/​watch?v=GUrLKRQmc5c

[Nadeem_jee]

from which date??!!!

[hopefulever]

With latest amandments and instructions to visa officers not to stop processing of old applications, we can expect that most of the 2004 applicants who have updated documents and got PS as 01 , may get medicals in coming June or July. This is due to the fact that cic faals week in these cases if litigation is filed.We have to wait for this thing to happen till July 2012.

[nahid023]

please read unfair CIC news:

http://unfaircicnews.wordpress.com/news/

[kchakus]

Following is the critical part of the new immigration law, that'll come into effect after the Budget Bill(C38) is passed

87.4  (1) An application by a foreign national for a permanent resident visa as a member of the
prescribed class of federal skilled workers that was made before February 27, 2008 is terminated
if, before March 29, 2012, it has not been established by an officer, in accordance with the
regulations, whether the applicant meets the selection criteria and other requirements
appli-cable to that class.

Application
(2) Subsection (1) does not apply to an application in respect of which a superior court has made
a final determination unless the determination is made on or after March 29, 2012.

Effect
(3) The fact that an application is terminated under subsection (1) does not constitute a decision
not to issue a permanent resident visa.

Fees returned
(4) Any fees paid to the Minister in respect of the application referred to in subsection (1) —
including for the acquisition of permanent resident status — must be returned, without interest,
to the person who paid them. The amounts payable may be paid out of the Consolidated Revenue Fund.

No recourse or indemnity
(5) No person has a right of recourse or indemnity against Her Majesty in connection with an
application that is terminated under subsection (1)

Beautifully crafted to make sure the Government doesn't have to pay a penny extra, for, ofcourse it's own blunder!!!!! Intelligence at it's best!!!!!

[hopefulever]

What has happened in fedral court today as there was an hearing in the case.

[kchakus]

The Judge heard arguments of both parties and might deliver the judgement in the coming days.
Hence, as somebody put it, the ball is set rolling and it's rolling fast, lets wait for the outcome.

[rp_tp]

any guess when will be the outcome.. nothing in news yet on the case specific.

[hopefulever]

It will appear in unfaircic updates as soon as it is available.

[hopefulever]

WHAT MAY BE EXPECTATIONS FROM OUT COME OF LITIGATION? IF POSITIVE THEN WHAT WILL HAPPEN NEXT? IF NEGATIVE THEN WHAT?

[optimisticperson65]

  we should all become optimistc about ours cases of immigration. God will help us.

[hopefulever]

Any body knows of outcome of litigation in backlogged cases. Pl share

[nahid023]

dear friends,

join this group (a total of 1100 members are already joinde) and let's fight strongly together http://www.facebook.com/#!/groups/179730375479964/ 

[Mancilla]

VICTORY FOR BACKLOGGERS!!!!

Court finds CIC is unreasonably delaying processing of skilled worker applications.
Their files needs to be processed by OCTOBER 14th 2012.
More Details awaiting!!!