Willem
Star Member
  
Posts: 188
Ratings: +2
Category........: FSW3
App. Filed.......: April 2010
Doc's Request.: June 2010
AOR Received.: Dec 2010
Med's Request: Feb 2012!!!!!
Med's Done....: Mar 2012
Passport Req..: 13 Nov 2012
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« on: June 14, 2012, 11:26:26 pm » |
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Ottawa has suffered a major setback in eliminating its immigration backlog after the federal court ruled the government is obliged to process all applications it accepted into the system.
About 900 applicants under the federal skilled workers' program sued Immigration Minister Jason Kenney for violating the pledge to assess and finalize decisions in a timely fashion.
They asked the court to order the immigration department to process their applications within a reasonable time frame.
In a decision released Thursday, Justice Donald Rennie rejected the minister's argument that the delay is justified because he has the authority to make policies.
“The minister can set instructions that permit him to return some applications without processing them at all, and thus obviously there is no further duty in respect of those applications,” the judge wrote in a 24-page decision.
“However, for those that are determined eligible for processing, the duty to do so in a reasonably timely manner remains.”
In February 2008, the law was changed to give Kenney authority to issue ministerial instructions regarding which applications would be eligible for processing and to remove the obligation to process each application received.
As a result, the litigants argued, their applications were “warehoused” in a lengthy backlog from five to nine years.
Despite the new measure, the court said Ottawa still failed to finalize a file within the six and 12 months Kenney promised — the first ministerial applications have been outstanding between 24 and 52 months.
Immigration has until Oct. 14 to finalize the application of the case's lead litigant, an IT project manager in China.
Although the court falls short on making an order for all 900 applicants, Thursday's decision sets the stage for the prompt processing of the other litigants.
“So long as the applicants are not to blame for the delay, a fair application of Justice Rennie's ruling would require Ottawa to finalize their applications by October 14,” said their lawyer, Tim Leahy.
The decision is final because the court refused the minister's request for appeal, added Leahy. The next step is for opposing counsels to determine how to proceed with the remaining cases.
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babymart
Hero Member
   
Posts: 588
Ratings: +8
Category........: FSW1
NOC Code......: 0111
Pre-Assessed..: Yes
LANDED..........: Soon!!!!!!!
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« Reply #1 on: June 14, 2012, 11:33:17 pm » |
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A welcome development to those of us who has been waitingggggggg for long.Hope they will actually speed up the processTnx 4 the info Williams.
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Life in this World can be hard.it can bring tears and pain.but everyday i know that my Life is not in vain cos God is Ever Near Me and Family!!
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Willem
Star Member
  
Posts: 188
Ratings: +2
Category........: FSW3
App. Filed.......: April 2010
Doc's Request.: June 2010
AOR Received.: Dec 2010
Med's Request: Feb 2012!!!!!
Med's Done....: Mar 2012
Passport Req..: 13 Nov 2012
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« Reply #2 on: June 14, 2012, 11:44:39 pm » |
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I think his job is on the line.I've been living in Canada for 5 years,and everything works in a efficient first world standard.They won't tolerate this kind of mismanagement.
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dentist82
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« Reply #3 on: June 14, 2012, 11:48:44 pm » |
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I think his job is on the line.I've been living in Canada for 5 years,and everything works in a efficient first world standard.They won't tolerate this kind of mismanagement.
are they going to spped up the process of those 900 ligitants or all the applicants?
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coolguy2010
Champion Member
    
Posts: 2315
Ratings: +83
Category........: FSW1
Visa Office......: London to Paris
NOC Code......: 1111
Pre-Assessed..: Yes
App. Filed.......: 04-05-2010
Doc's Request.: 23-10-2010
Nomination.....: 09-06-2011
AOR Received.: 09-06-2011
IELTS Request: 6 Band
File Transfer...: 01-03-2013
Med's Request: 01-03-2013
Med's Done....: 30-03-2013
Interview........: NA
Passport Req..: ASAP
VISA ISSUED...: Expctd-2013
LANDED..........: Expctd-2013
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« Reply #4 on: June 14, 2012, 11:50:44 pm » |
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This news is for those (pre 2008) whose case r in process.
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Life is not measured by the number of breaths we take, but by the number of moments that take our breath away
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Willem
Star Member
  
Posts: 188
Ratings: +2
Category........: FSW3
App. Filed.......: April 2010
Doc's Request.: June 2010
AOR Received.: Dec 2010
Med's Request: Feb 2012!!!!!
Med's Done....: Mar 2012
Passport Req..: 13 Nov 2012
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« Reply #5 on: June 14, 2012, 11:51:12 pm » |
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Immigration has until Oct. 14 to finalize the application of the case's lead litigant, an IT project manager in China.
Although the court falls short on making an order for all 900 applicants, Thursday's decision sets the stage for the prompt processing of the other litigants.
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dentist82
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« Reply #6 on: June 14, 2012, 11:51:50 pm » |
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This news is for those (pre 2008) whose case r in process.
so what about mi2 and mi3? will their application will be stopped?
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kkhan870
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« Reply #7 on: June 15, 2012, 12:31:10 am » |
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so what about mi2 and mi3? will their application will be stopped?
This is a good question
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Mancilla
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« Reply #8 on: June 15, 2012, 12:33:27 am » |
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It is now clear that CIC has a strategy to cheat people by accepting their applications but not processing. This is unlike Canadian behaviour!!!!
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jeea
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« Reply #9 on: June 15, 2012, 04:14:00 am » |
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A welcome development to those of us who has been waitingggggggg for long.Hope they will actually speed up the processTnx 4 the info Williams.
God speed! Regards, J
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affectee2004
Star Member
   
Posts: 181
Ratings: +2
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« Reply #10 on: June 15, 2012, 05:33:49 am » |
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>:(omni mess is paasing so do u think there is a chace for us who applied before fast track 
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affectee2004
Star Member
   
Posts: 181
Ratings: +2
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« Reply #11 on: June 15, 2012, 05:35:50 am » |
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hoquejamal
Hero Member
   
Posts: 249
Ratings: +2
Category........: FSW1
Visa Office......: Singapore
App. Filed.......: May 2010
Doc's Request.: Oct 2010
File Transfer...: In process - 08 March 2012
Med's Request: 15 Nov 2012 (issued), 29 Nov 2012 (received)
Med's Done....: Med 04 Dec 2012, Other Doc 10 Dec 2012
Passport Req..: 25 Feb 2013, Submitted 26 Feb 2013, Recieved by Visa office 1 March 2013
VISA ISSUED...: 9 April 2013
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« Reply #12 on: June 16, 2012, 02:26:56 pm » |
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What about the MI 1 applicants (after 2008 and Pre June 2010)? Anybody, please?
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jnathan
VIP Member
      
Posts: 4516
Ratings: +137
Category........: FSW1
Visa Office......: Sheng Chiu
App. Filed.......: 21st Jan 2010
Doc's Request.: 10th March 2010
AOR Received.: 10th June 2010
IELTS Request: provided
File Transfer...: IN PROCESS: 12th October, 2010
Med's Request: Withdrawal Request sent....Was waiting for files to return....instead of returning the files, VO sent the MR !!
Med's Done....: 28 May 2012
Passport Req..: 24 July 2012
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« Reply #13 on: June 16, 2012, 04:19:51 pm » |
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Category..FSW1 CHC..Sheng Chiu App Sent to CIO..17 Jan 2010 Received CIO..21 Jan 2010 AOR from CIO..10 Mar 2010 Full Docs Recvd by CHC..26 May 2010 AOR from CHC..10th Jun, 2010 IN Procss: Oct 12, 2011 MR:May 2, 2012 PPR: 24 July,2012
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jevan
Hero Member
   
Posts: 222
Ratings: +4
Category........: FSW1
Visa Office......: CHC Islamabad
NOC Code......: 2231
App. Filed.......: 23-May-2007
AOR Received.: 19-June-2007
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« Reply #14 on: June 17, 2012, 02:01:06 pm » |
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This news is for those (pre 2008) whose case r in process.
Dear Brother, I am FSW June 2007 applicant,file transferred from islamabad to london.My current e-status still shows IN-PROCESS. Your expert opinion is needed,,,should i consider myself lucky one.kindly reply me as soon as possible,in detail. Best Regards Jevan.
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