+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

Federal Skilled Worker Class Action Lawsuit

Discussion in 'Skilled Worker / Professional Immigration' started by admin, Aug 2, 2012.

  1. Like master, like servant......


    Citing bias, court orders review of deported Libyan family
    Father who was tortured in Gadhafi's Libya lived in Canada for 8 years

    Canadian immigration officials say they will comply with a Federal Court order to review the case of a family that was deported four years ago to Moammar Gadhafi's Libya, where the father was imprisoned and tortured in that country's notorious Ain Zara jail.

    Adel Benhmuda, his wife Aisha Benmatug and their four sons, two of whom were born in Canada, were sent back to Libya when their claim for refugee status was denied.

    Upon their arrival in Tripoli, Adel Benhmuda was taken into custody by Libyan police and spent the next four months in Ain Zara prison where he was tortured.

    In a scathing decision late last month, Judge Mary Gleason ruled that visa officials at Canada's embassy in Rome were biased in their assessment of the family's application to return to Canada and had placed erroneous information on their file.

    She ordered that the information be expunged and that the case be sent to another visa post for reassessment within 90 days.

    "It really highlights some of the rogue nature of what goes on at visa posts around the world," said Andrew Brouwer, the family's lawyer in Toronto. Some officer "had the power to go directly against what everyone was saying including the United Nations."

    Brouwer called the decision strong and decisive, adding, "I really think that Justice Gleason was so appalled by what had happened that she stepped a little bit outside of what judges normally do in these cases."

    Eight years in Canada
    The Benhmuda family had originally come to Canada in 2000, saying they felt threatened by Libyan authorities because Benhmuda's brother was linked to a group that opposed the Gadhafi regime.

    Aisha Benmatug (Benhmuda) with her sons in front of a container with their possessions at a refugee camp in Malta, where the family is currently living. (Courtesy Benhmuda family)But eight years later, following a series of hearings, immigration authorities rejected their claim and three weeks after that they were deported to Libya, even though the two youngest boys had been born in Canada.

    In an interview with CBC Radio last year, Adul Benhmuda described how he was tortured. "They used to hit me," he said. "A kind of rope and wood stick. They wrapped my feet up and starting hitting them. That was several times a week."

    After his release, the family paid a bribe and fled to Malta, where they lived in a refugee camp for almost two years. There they were recognized by the UN High Commission for Refugees as legitimate refugees.

    When UNHCR officials saw that two of their sons were Canadian, they asked Canada to take them back. and last year Immigration Minister Jason Kenney said Canadian authorities would do everything they could to help the family and promised authorities would offer "every humanitarian consideration."

    But a visa officer with the Canadian embassy in Rome, Laurent Beaulieu, had a much different take.

    He alleged that the family had been a drain on Canada's health and social service system and would again be dependent on social assistance, a suggestion Judge Gleason said was wrong.

    During his initial time in Canada, Benhmuda had a job with an optician and had supported his family.

    The judge also said that "officer Beaulieu additionally ignored the fact that the family was relying on circumstances that had not been considered by [the refugee review process], including the incarceration and torture of Mr. Benhmuda by the Libyan authorities.

    "The analysis also fails to discuss the applicants' request for [humanitarian] consideration, the situation in Malta, the family’s ties to Canada and the children's best interests.

    It also contains gratuitous comments, like the mention that Ms. Benmatug 'was already in advance state of pregnancy' when the family first sought refuge in Canada," Judge Gleason wrote.

    "Citizenship and Immigration Canada "will of course comply with the ruling," Remi Lariviere, a spokesperson for Immigration Minister Kenney, said in a statement to CBC News. "Instructions have been sent to a different visa office as ordered by the court."

    But Lariviere said he could not say which office would now handle the case due to privacy restrictions.

    Neighbours petition
    The family is now living a hand-to-mouth existence in a small apartment in Malta, and Adel is unable to work, according to Brouwer.

    He says that after what the family has been through, their reaction to this latest decision was muted, as if they didn't want to get their hopes up again.

    In the meantime, a Mississauga teacher who taught the family's two youngest boys, Adam and Omar, has set up an online petition urging the federal government to bring the family back to Canada as soon as possible.

    Ingrid Kerrigan says she was "shocked" when immigration officials turned down the family's claim to remain in Canada.

    The Benhmuda family's lawyer, Andrew Brouwer, says the court's decision shows the 'rogue nature of what goes on at visa posts around the world.' (Courtesy Andrew Brouwer)"Aisha phoned me and she was devasted," she said. "They hadn't believed that her husband Adel was in danger if they sent them back to Libya and I was absolutely floored. We trusted the system to do the right thing this time and it didn't work for whatever reason."

    Kerrigan and others in the school and neighborhood raised money to hire a lawyer to try to get the family back.

    "They want more than anything to come home," Kerrigan said. "All any of their four sons knows is Canada. That's where all their memories are, their childhood, it's where their best friends are still waiting for them.

    "They miss snow, they miss hockey, they miss skating, all those Canadian things."

    This month Kerrigan launched the petition on change.org and in less than two weeks, more than 10,000 people have signed the petition.

    "We have to show the world that we're a caring and compassionate nation that warrants the international respect that we've earned by doing what's right and just bringing the family home," she said. "They didn't deserve to be deported in the first place."

    In an interview with CBC News from Malta, Adel Benhmuda says he is overwhelmed by the support from all his Canadian friends.

    "I hope it will be helpful," he said. In the meantime, he said they are trying to remain hopeful that they can return and resume their life in Canada.

    The federal government has until mid-January to review the family's case and make a decision.
  2. Court entry found for IMM-4787-12 dated 22 Nov 2012

    Oral directions received from the Court: The Honourable Mr. Justice Barnes dated 22-NOV-2012 directing that Upon considering the Applicants' request for an adjournment of the motion presently scheduled for 23-NOV-2012 and 30-NOV-2012; and upon noting that the Respondents consent to the request for an adjournment, the motion originally scheduled for 23-NOV-2012 and 30-NOV-2012 is hereby adjourned Sine Die. placed on file on 22-NOV-2012
  3. Court entry found for IMM-5635-12 dated 22 Nov 2012

    Letter from Applicant dated 22-NOV-2012 Withdrawing motions for cross examination prior to leave and for leave to file a supplementary affidavit received on 22-NOV-2012
  4. Court is closed in this case sine die. no further date is fixed. means new judge is taking over or some thing else. what about jan 13 date of hearing.
  5. Adjournment sine die (from the Latin "without day") means "without assigning a day for a further meeting or hearing".[1] To adjourn an assembly sine die is to adjourn it for an indefinite period. A legislative body adjourns sine die when it adjourns without appointing a day on which to appear or assemble again.[2]

    It can be used in reference to legislatures whose terms or mandates are coming to an end, and it is anticipated that this particular body will not meet again.[3] A legislative body adjourned in this way may be called back into special session, a reason why sine die adjournment rather than dissolution may be preferred in some cases
  6. Some days ago Jason Kenney stated that the processing times have dropped dramatically after the elimination of the backlog.

    Today the processing times on the CIC have been finally updated, and guess what? there are even longer now!

    I wish if the "honorable" Jason Kenny will explain now how the wait times have dropped?
  7. is there hearing today or not represnt by david cohen or bellissimo?
  8. From Bellissimo Law Group website, I got the following:
    Federal Skilled Worker Litigation
    Test Cases to be Heard in Toronto January 14-16th, 2013

    The certification motion has been adjourned with the consent of all parties pending decisions in the lead cases scheduled to be heard by the Federal Court of Canada in Toronto over three days from January 14th to January 16th. Bellissimo Law Group and Campbell Cohen will be making arguments in their lead case of Tabingo alleging the new law breaches section 15 of the Charter of Rights and Freedoms as its implementation discriminates on the basis of country of national origin. We will be tweeting further updates and provide a full review in our upcoming newsletter.

    From the CanadaClassaction dot com
    (Cecil L. Rotenberg)
    November 19, 2012
    We are currently representing backlog federal skilled worker applicants to oppose this reprehensible legislation. Our clients are being Case Managed by Justice Barnes of the Federal Court of Canada.

    Hearings are now scheduled for January 14, 15, 16, 2013.

    The undersigned attorneys along with other counsel are now finalizing arguments before the Federal Court of Canada seeking to challenge the legality and overturn the provisions of the new law.

    We invite all affected applicants to join our team to challenge this law. If you are a pending backlog applicant we invite you to contact us without delay by completing the link below.
  9. هI think lawyers have asked the court to delay the decision on whether to turn the litigation to a class action only to draw more litigents till the 14th of Jan!!
    Damen,,,is this really their interest?
  10. No explanations are required. The only thing required is a better understanding of the data on your part.

    The backlog eliminated cases prior to February 2008. All applications filed between November 2008 to June 2010 have clearly been processed faster.

    Look at the chart, and take the Vienna office as an example. The applications of pre-2008 had waiting times of 62 months. After June 2010, the application processing times have dropped to 13 months. I don't about you, but I would say that's a pretty dramatic drop in processing times. The office in Kiev went from 8 years of processing time down to just 1 year - even more of a dramatic drop than Vienna.

    When I look at that chart, everything is crystal clear for me. Why isn't it clear for you?
  11. Why Tims motion is getting dust over it, any one have any anwer? As for every one under standing tims motion should have been resolved by now but why not yet, It creates shocks and suspense in mind.what happened to decsion made by Justice Rennie on his move.It is clear by now that Justice Rennei delivered judgement in this case has not been gone well with cic and other judiciary.Hope the positivity pervails in the judiciary system and right ful judgement appears in next few days week, months-----
  12. I am very optimistic and hopeful,,justice will prevail no doubt about that :)
  13. I think cic as usual start playing as usual as the following entry found in the court case of Tabingo 23 Nov 2012

    Recorded Entry Summary
    - 2012-11-23 Toronto Letter from RESPONDENT dated 22-NOV-2012 "The parties have not reached an agreement therefore an adjounrment of the hearing scheduled for Nov. 23, 2012 is not needed." (Please note: Letter was not received in Registry until 23-NOV-2012). received on 23-NOV-2012 with proof of service on the applicant
  14. I cant understand this until now why Canadian judiciary exceed date of hearing day by day. First they say that hearing is on 23 and 30 Nov 2012, and now they said hearing is on 13, 14 & 15 of Jan 2013 for our cases. Why they prolong it so long?
  15. Friends I am August 2005 applicant. LVO asked me for updated documents in June 2012 and after that i did not hear anything from them until now. could any one comment on it and let me know when i get my medical or my case is rejected due to pre feb 2008 cases. please help me

Share This Page