Federal Skilled Worker Class Action Lawsuit

[kau_shik_patel]

tuyen

Sir, you had talk all this is general, but i want to know about the files in india who have updated in 2008. till waiting for thier decesion.

i have visited so many forum but none of able to give this answere even not CIC New Delhi. i had sent so my querys to tell about my status but till date they have not provided with single reply.

what is to be understand from this.

i need good comments from you seniors please.

exactly what is going on in New Delhi embassy nobody noes.

Waiting for your prompt response.

 

[tuyen]

tuyen

Sir, you had talk all this is general, but i want to know about the files in india who have updated in 2008. till waiting for thier decesion.

If those applications were filed BEFORE February 2008, they were cleared and are not being processed. Any other applications that were submitted AFTER February 2008 are still in the processing stage, and those people will continue to have to wait for a decision.

i need good comments from you seniors please.

exactly what is going on in New Delhi embassy nobody noes.

Waiting for your prompt response.

I have no way of knowing what is happening inside the New Delhi embassy.

 

[annel]

I think we all should face the facts that we are done. Postponing the cases isn't a good sign. If the judges couldn't reach an agreement in September nor on the 23rd of November what makes us think they will on the 14th of January'13?

 

[warmest]

To All, Please Just Something - warmest / tuyen

I want to know all those who have made Updation & till date (More
than 3 1/2 years have passed on), whether CIC New Delhi may have
checked the files in details.

No, CIC New Delhi has warehoused almost all of the pre-Feb 2008 applications. Only 41 of the 33780 pre-Feb 2008 applications have been assessed before 29 March 2012. I don't know whether your application is one among those 41 applications. You can write to CIC New Delhi to know about it.

as i have Updated Documents in late 2008 allocated marks to each
section. i also recieved Ontario Pilot Backlog Project Invitation &
forwarded all my documents to them but till date i have not got any
invitation from them.

Not only you, a lot of people have updated their documents with CIC New Delhi way back in 2008 itself. They all are waiting in good faith and hoping CIC would deliver.

Ontario Pilot Backlog Project is one of the initiatives of Jason Kenney to reduce pre-Feb 2008 backlog. But that project is now kept in cold storage. I think Kenney can become a good grocery store manager, because he knows which to warehouse, which to cold store and which to thaw. ;D

So can you please throw some light with your background knowledge as
what is the outcome of all those who have updated in 2008 from New
Delhi.

In next hearing what will be the output whether it will be class
action or lead management case. what can you predict from all these
about the future of litigation.

Have you not joined a litigation group yet? If not, I would suggest you to join one at the earliest. Kenney would like to eliminate the pre-Feb 2008 backlog. Hence he has enacted a law and the law is in force now. A group of lawyers are challenging the enactment of the law itself in the first place. If you become part of a litigation group, my guess is you will be saved. But mind, there is no guarantee.

My guess is that ‘class action' is mostly ruled out. It would most probably be ‘case managed'. Meaning, only those who join the litigation will be protected and favoured.

In India there was huge protest against prime minister visit. but
don't know what will happen in future about us.

True, I am aware of it. But regarding your concern for future, I wish you pray to God.

Waiting for your prompt response.

Hope my explanation helps. Don't worry. Have faith, be patient and be positive. Cheers.

 

[kau_shik_patel]

tuyen

Sir, from india, all 2004 & first 3 months of 2005 received final updation in 2008 & all made updation. from that date till today new delhi embassy is telling to wait & now they have stop replying even if we send them the query.

all of us are waiting for final decesion then how come we fall in elimination stage as 4 years has pass out & we are not hearing anything from them.

we have fetched lot of expenses to collect all those document that were asked for updation & now they are saying that you are eleminated due to pre feb 2008.

this steps is totally against humanity. if theya have not asked to do anything then we have understand that they don;t want now. but after sending some updation from thier end to make final decision on you rapplication how come now they can eliminate & we are all in the final stage.

getting documentation is not free in india we have to bear cost to get that done.

we are waiting from last 4 years to hear from them.

 

[Gaber1]

Sapp dae Muu Vichh Korr Kirlee. Same is the situation of Judge.

 

[warmest]

What I persume is all Consultants except Tim are hand in glove with cic to destroy our case. Even Our indian agents are befooling the litigants tim join these chors. They are excepting the terms of cic what ever they said and unnecessarily delaying the results. All should be care ful and alert while choosing the consultant and indian agent.

I am glad you have a good opinion about my lawyer Tim Leahy.

I think the forum members who are mostly applicants (and most among them are litigants as well) are mature enough and cautious (careful) enough in choosing their agents and lawyers. Anyhow, it is worth asking them to be doubly cautious. No harm in it. I appreciate your effort Gaber1. +1 to you.

My sincere appeal to those applicants of pre-Feb 2008 backlog who have not yet joined a litigation is to join one at the earliest. Please do not be mislead by those who ask you not to do so. Let the wise senses prevail.

 

[tuyen]

we have fetched lot of expenses to collect all those document that were asked for updation & now they are saying that you are eleminated due to pre feb 2008.

The application fees were fully refunded to all of the applicants who filed before February 2008, so if your application was in the pre-2008 category and you didn't receive your full refund, you should contact CIC as soon as possible.

this steps is totally against humanity. if theya have not asked to do anything then we have understand that they don;t want now. but after sending some updation from thier end to make final decision on you rapplication how come now they can eliminate & we are all in the final stage.

As I said in an earlier post: everybody who filed their applications were expecting and hoping for a successful outcome. But the government of Canada never promised anybody anything, so to say that it somehow goes "against humanity" is far too excessive. Putting bombs on buses packed with children - that is something against humanity. Forcing teenage children in some African countries to run around with machine guns and kill for a dictator - that is against humanity. But having an immigration application dismissed - that's just an unfortunate bit of bad luck, and a risk that everybody took willingly when they applied.

 

[noon]

The application fees were fully refunded to all of the applicants who filed before February 2008, so if your application was in the pre-2008 category and you didn't receive your full refund, you should contact CIC as soon as possible.

can you please show me at least one person who got refund?

As I said in an earlier post: everybody who filed their applications were expecting and hoping for a successful outcome.
But the government of Canada never promised anybody anything,
Yes they promised to process our files in the order they were received. Since it was a 'promise' made under law they needed to enact another 2 laws, one in 2008 (C-50)and one in 2012(Omnibus bill) so that they no longer need to keep their promise .
so to say that it somehow goes "against humanity" is far too excessive. Putting bombs on buses packed with children - that is something against humanity.
What about closing embassies in war affected countries and delaying the processing of thousands of federal skilled worker applications(not refugees) and also terminating those applications now? Those applicants also includes women and children fleeing the horrors of war but were qualified as skilled workers 'economically needed' for Canada.

Forcing teenage children in some African countries to run around with machine guns and kill for a dictator - that is against humanity.
We can find parents of many of those children who applied as principal applicants for Canadian PR. They wanted to save their children from exploitation and give them a better future in a "fair" country.What happens to their applications now?


But having an immigration application dismissed - that's just an unfortunate bit of bad luck,

and a risk that everybody took willingly when they applied.

Yes immigration to Canada has more or less become a matter of luck sometimes in the form of computer system glitches where computers that got award for technology automatically grants visa. We do know that our applications can be accepted or dismissed,that but only after processing.That risk should come within a reasonable period of time.Not for 8,9,10 or 11 years.

 

[kau_shik_patel]

Tuyen

In 2008, once CIC New Delhi issue update letter from thier end telling you that we are ready to process your file please update?.

& if we have done this final update

its is whose responsibility to process this file

its mine or CIC.

then how come they have now decided to terminate this file.

you can't see this unjustic done to us.

please see from applicant side & not from CIC Side.

there are too me small mistake been done by them which can't be neglected.

here is this point where CIC will not have answere to tell in the court what mistake they have done.

if they had not send those update letter then matter would be some different

 

[noon]

Noon I see you have done your best to reply to his unfair opinion, but please do not waste your time and effort anymore,,,,even when he runs out of arguments , he will simply insult you to discontinue a discussion where he can not maintain his position anymore. As you see he is repeating the same claims over and over while his arguments have been exhausted at least 10 pages ago.
Best way is to ignore such posts,,,,they way the rest of us have been doing so far.

Hi friend,
For the past 4 years I had seen many deliberate attempts in many internet forums and Canadian media that spread false propaganda about us (backloggers).Some of them were: we dont know english/french, we dont take IELTS, we go to Canada to live on welfare, we are nearing old age, the backlog is only 7 year old etc. etc. Whenever I see such a comment I spend my time and energy to write back because my reply are intended for all those who want to know the truth. I dont have any enemity with tuyen because ignorance should not be attacked upon. But I believe there are a lot of people in Canada who find we are the reasons for their unemployment. But here is the truth: Along with accepting FSW appliations from Asian countries the CIC under the new minister accepted a lot of (few lakhs of )temporary skilled workers who were directly recruited by Canadian employers through job fairs conducted in many countries. The CIC wanted to follow the example of US immigration where temporary visa holders were later given PR. When the backlogged files leaped up, they cannot follow this plan and the temporary workers became a "permanent temporary"labour force in Canada.Total immigration of FSW remains at 250000 per year while the temporary workers landing in Canada also is around 250000 per year. This is the result of the new immigration policy by the minister. Why should we(pre feb 2008 applicants) be the scape goat?

 

[annel]

Who knows if the court hearing will be postponed again comes January? I don't think i'm prepared to carry on should it be, because what hope is there? My son will be attending a enigneering college in Janaury and I was hoping to hear before then so that alot of my decisions can change, however that is now something of the past. Someone please give me some hope to carry on, as i've done for the past year and nothing good happened. Wait Wait wait wait..............

 

[wounderful]

Hi friend,
For the past 4 years I had seen many deliberate attempts in many internet forums and Canadian media that spread false propaganda about us (backloggers).Some of them were: we dont know english/french, we dont take IELTS, we go to Canada to live on welfare, we are nearing old age, the backlog is only 7 year old etc. etc. Whenever I see such a comment I spend my time and energy to write back because my reply are intended for all those who want to know the truth. I dont have any enemity with tuyen because ignorance should not be attacked upon. But I believe there are a lot of people in Canada who find we are the reasons for their unemployment. But here is the truth: Along with accepting FSW appliations from Asian countries the CIC under the new minister accepted a lot of (few lakhs of )temporary skilled workers who were directly recruited by Canadian employers through job fairs conducted in many countries. The CIC wanted to follow the example of US immigration where temporary visa holders were later given PR. When the backlogged files leaped up, they cannot follow this plan and the temporary workers became a "permanent temporary"labour force in Canada.Total immigration of FSW remains at 250000 per year while the temporary workers landing in Canada also is around 250000 per year. This is the result of the new immigration policy by the minister. Why should we(pre feb 2008 applicants) be the scape goat?

You are right and you will also see that Mr. Tuyen will be gone after 16th Jan 2012 from this forum however, you will find him in M1 forum followed by M2 and so on.... so we do not worry or care about him.

 

[tuyen]

Noon I see you have done your best to reply to his unfair opinion, but please do not waste your time and effort anymore,,,,even when he runs out of arguments

When there's only ONE argument to make, it's very easy to "run out" because there's nothing left to say.
Just because some people are too stubborn to accept it or incapable of understanding it, doesn't make it any less valid.

he will simply insult you to discontinue a discussion where he can not maintain his position anymore.

I didn't insult him. I told the other guy that refunds were issued by the government, and that if he didn't receive it, he should call them.

Best way is to ignore such posts,,,,they way the rest of us have been doing so far.

And while you're ignoring my claims, you should also close your eyes, stick your fingers in your ears, and scream "LA-LA-LA-LA-LA" as loud as you can. By doing that, you'll be turning off reality, and living in your own little dream world where this lawsuit will succeed, and millions upon millions of unneeded workers will suddenly flood into Canada.

 

[tuyen]

can you please show me at least one person who got refund?

No, I can't.
But like I said, if you did not receive yours, you should call (or write to) CIC and ask them when you can expect it.

Yes they promised to process our files in the order they were received. Since it was a 'promise' made under law

There's no such thing as a "promise" made under law. If you want to hold somebody accountable for breaking a promise or agreement, you have to first have a legally-binding contract. You never had such a contract with CIC when you filed your application. There is nothing in Canadian law (not today and not in the past) which says that CIC - without exception - MUST process every single application that it receives no matter what extenuating circumstances may exist.

You're looking at it from a very simplistic view of a child who gets mad at his parents because they "promised" to take him to Disneyland on his 10th birthday. So when the child's 10th birthday comes and the parents both lost their jobs, guess what - they're not going to Disneyland. Maybe at a future date when economic conditions improve, but not today.

So too is the case with pre-2008 applications. There was never anything legally preventing the government from tossing out SOME of the applications, or HALF of the applications, or ALL of the applications. When those applications were filed, economic conditions were far more favourable. Now things have changed, and Canada can't possibly absorb all of those people. When things improve, new applications will continue to be processed at a rate that will be determined by the economic conditions of the time.

What about closing embassies in war affected countries and delaying the processing of thousands of federal skilled worker applications(not refugees) and also terminating those applications now? Those applicants also includes women and children fleeing the horrors of war but were qualified as skilled workers 'economically needed' for Canada.

So you want Canada to continue to keep embassies open in a war zone so that the people working there could be hurt or - quite possibly - killed just so that applications can continue to be processed? That's an incredibly arrogant and selfish viewpoint. Canada did what ANY OTHER COUNTRY IN THE WORLD would do in those cases, which is to close embassies and consulates immediately when there's upheaval or war. You're blaming Canada for doing something that has always been done throughout diplomatic history, and you're being quite ridiculous in doing so. Furthermore, I'm sorry for those people who were fleeing the horrors of war, but Canada cannot provide salvation for EVERYBODY who happens to be living in a chaotic situation that was brought on by circumstances which Canada had nothing to do with.

We can find parents of many of those children who applied as principal applicants for Canadian PR. They wanted to save their children from exploitation and give them a better future in a "fair" country.What happens to their applications now?

Yes yes...of course - it's all Canada's fault that those children are running around with machine guns, right? Canada FORCED those guns into the hands of those children - NOT the dictators running the countries. And Canada is to blame for all of it because they decided to stop processing worker visa applications prior to 2008.

Yes immigration to Canada has more or less become a matter of luck sometimes in the form of computer system glitches where computers that got award for technology automatically grants visa.

That was an isolated incident which affected a VERY small number of people - all of whom were qualified to be accepted anyway. If your name would've been part of that glitch, we both know you wouldn't be complaining about it or ridiculing it, but would be praising Canada for how fair and wonderful it has been to you. So stop being a hypocrite.

We do know that our applications can be accepted or dismissed,that but only after processing.That risk should come within a reasonable period of time.Not for 8,9,10 or 11 years.

There are many countries in the world to which you could've applied besides Canada. If you were not happy with the length of processing times for Canada, you're more than welcome to try your luck at England, Australia, New Zealand, France, or anywhere else that you feel would treat you better than Canada.