Federal Skilled Worker Class Action Lawsuit

[warmest]

I fully agree that CIC is no more trustworthy but again our cases will be process by them (the court will rule only on to proceed or not may be on priority basis) and all of us knows CIC has other reasons to get rid of us. As they really deal us backlogger and outdated as per the current demand.

When I said "Now, we are not at the mercy of CIC. It is only CIC that is at the mercy of Canada's court for all its wrongdoings.", I meant CIC will be forced by the court to process Tim Leahy's litigants' files on priority basis. It can only be CIC which can process our files; it cannot be the agriculture or commerce or revenue or law departments. We all know that it has to be only CIC that can process our files.

Previously when the court ordered CIC to process Tim Leahy's litigant Liang's application on priority basis within 4 months, CIC obliged by processing it in 2 months time. Likewise, this time if the court rules in litigants' favour, then CIC will be forced to process our applications not only on priority basis but also on a fast track basis.

That is why I said "Now, we are not at the mercy of CIC. It is only CIC that is at the mercy of Canada's court for all its wrongdoings."

 

[warmest]

Warmest why are you mentioning these lawyers_ anything wrong with them?

I was asking just to know to which cause they belong: class action lawsuit or Tim Leahy's lawsuit. But so far, nobody has responded. Does that mean none of the clients of those lawyers are our forum members?

Only if someone responds, we can ask them of how much they paid to their lawyer, their terms and conditions, their cause and, of course, of what they think about their lawyers.

 

[warmest]

Sbernados
We were asked to submit IELTS withall documents. I Have never heard that someone did not submit IELTS,,,it was mandatory even before February 2008.

Yes, you are right. It was mandatory for the pre-September 2006 applicants to submit their IELTS results within a year of submitting their applications. Only later on for the FSW Simplified Application Process in September 2006, the applicants were allowed to submit the IELTS results along with the other documents when CIC makes a request for the same and is ready to assess the application.

 

[warmest]

Hi hopeful4,

Hoe did you come to know that your file is not closed and you are within 20k whoes files were not closed. Please let me know. I am a pre Feb 2008 applicant. Applied Dec 2007. I did my medicals in January 2012 and submitted all requested updated docuemts to CIC. Thereafter no response from CIC so far. When I did a case specific inquiry, Colombo VO replied "Please be advised that no selection decision was made before 29 March 2012 on this Federal Skilled Worker application. Please refer to CIC website notices ( I am not allowed to mention link at here by the system)for more information about the legislation that affects your application."
I am realy confused on this reply which received even after completing medicals. What is your/(any one who wish to comment) advice to me at this stage? I have not joined with litigation so far and waiting CIC come to me with their decision officially.

I would suggest you to write to Tim Leahy at contact@unfairCIC.com and seek his opinion.

 

[warmest]

hopeful4

Has a selection decision been made before 29 March 2012 on your Federal Skilled Worker application? Is your file still open as do the 20k files?

If so, did CIC inform you of the same? Or you got to know from CAIPS notes? What did Tim Leahy say about your case?

If a selection decision has already been made before 29 March 2012, then why are you taking part in the litigation?

 

[jevan]

When I said "Now, we are not at the mercy of CIC. It is only CIC that is at the mercy of Canada's court for all its wrongdoings.", I meant CIC will be forced by the court to process Tim Leahy's litigants' files on priority basis. It can only be CIC which can process our files; it cannot be the agriculture or commerce or revenue or law departments. We all know that it has to be only CIC that can process our files.

Previously when the court ordered CIC to process Tim Leahy's litigant Liang's application on priority basis within 4 months, CIC obliged by processing it in 2 months time. Likewise, this time if the court rules in litigants' favour, then CIC will be forced to process our applications not only on priority basis but also on a fast track basis.

That is why I said "Now, we are not at the mercy of CIC. It is only CIC that is at the mercy of Canada's court for all its wrongdoings."

Dear warmes,,,is this hope concern with Tim Leahy litigation or with David Cohen's litigation too?

 

[warmest]

Dear Friends,
i have joined David Cohen's firm for litigation in early september 2012,,is it better to continue him OR i should join Tim Leahy too in parallel??or should wait for next hearing?
Kindly help me in sort out mind confusions.
jevan.

Dear jevan,

If you are confused and are thinking about joining Tim Leahy's litigation, then this is the right time to join Tim. If you wait until the next hearing, it may be too late if Justice Barnes rules in favour of Tim on the same day of Class Action Certification Hearing. A favourable ruling for Tim will only apply to his clients who have already joined him and not those who join him later. Even if the court does not rule in Tim's favour, Tim's litigation will continue and it will take the form of either class action lawsuit or case managed litigation.

The choice is yours and it is for you to decide. We can only tell you the pros and cons of the available choices. Wishing you all the best.

 

[warmest]

Dear warmes,,,is this hope concern with Tim Leahy litigation or with David Cohen's litigation too?

This hope is only for Tim Leahy's litigation which has over 1300 litigants. If the court rules in Tim's favour, then the over 1300 litigants' files would be processed on priority basis and on a fast track mode.

If the court later, after one or two years, rules also in favour of class action litigants, in which the other lawyers like Cohen are involved, then CIC cannot be forced to process any particular file on priority basis or fast track mode because the favourable judgement will apply equally to all the applicants (whether they are litigants or not). Hope this clarifies.

 

[jevan]

This hope is only for Tim Leahy's litigation which has over 1300 litigants. If the court rules in Tim's favour, then the over 1300 litigants' files would be processed on priority basis and on a fast track mode.

If the court later, after one or two years, rules also in favour of class action litigants, in which the other lawyers like Cohen are involved, then CIC cannot be forced to process any particular file on priority basis or fast track mode because the favourable judgement will apply equally to all the applicants (whether they are litigants or not). Hope this clarifies.

@warmest,
dear this is beyond of my understandings that the soul of the cases is of the same purpose,whether it is Tim Or Cohen BOTH are fighting the cases for the same purpose,,every litigant wants his case to be further processing then HOW Justice Barnes can take the different views for the same cases?whether his majesty is one sided i mean for Tim only??
Yes we can say that there is a doubt in litigation of pre juners and after juners.
I think if Tim's litigation of after juners takes some positive output then the justice of Barnes will be the same for every litigant whether he is Sir Tims Leahy or Sir David Cohen.
The above things are what i am thinking i am calculating.
All of my forum friends are requested to guide/correct me if they have something extra.
Best Regards.
Jevan.

 

[wounderful]

Hello Members:

Can anyone tell me what is difference in CAIPS or FOSS file and which is good for case status.

thank You.

 

[anthello]

Hello I would like some redress in this situation. I cannot afford any retainer at this point in time but I would like some advice.

My eCAS is still saying "Application Received" but I got a request for documents in early June and then in early July after this thing was passed I got mesage from the VO that I should disregard those instructions due to the cessation of the applications.

I would like to know if there is any update on the refund and if there is anything I can do outside litigation to find out more.

 

[Sujman]

Sujman
your case is very strange because you have done your medicals in January , which means a selection decision was made prior to that date. How come CIC claimed later that no decision was made in your case prior to 27th of FEebraury 2012?
THe CIC site clearly states that if a selection decision based on the points grid was made before 27th of Feebraury 2012 than your file will not be closed.
You can order your caips notes and if you find a seldec 1 or 4 before 27th of February 2012?, you have the right to sue CIC

Thanks for your comments hopeful4, jevan and warmest. I will order my CAIPS and write to Tim Leahy.
Not only me there are other 3 (pre Feb 2008) applicants based on Colombo VO, who are in similar status. All have completed medicals before 28th March 2012, but still CHC says by operation of law application is suspended (same answer to all parities). Two have paid landing fees as well.
So far I have not ordered my CAIPS. However above one applicant collected his CAIPS and it says his application is suspended due OB442

 

[jevan]

Thanks for your comments hopeful4, jevan and warmest. I will order my CAIPS and write to Tim Leahy.
Not only me there are other 3 (pre Feb 2008) applicants based on Colombo VO, who are in similar status. All have completed medicals before 28th March 2012, but still CHC says by operation of law application is suspended (same answer to all parities). Two have paid landing fees as well.
So far I have not ordered my CAIPS. However above one applicant collected his CAIPS and it says his application is suspended due OB442

@sujman,
oh my god,,i think chc people got mad or they have to fire their employees who are responsible maintaing our files..in one side they are telling us that only those files will be moved further which have got decision before march29,2012 even then jun29,2012 AND their people sending such replies to even those who had even done their Medicals,,STRANGE,,EVEN STRANGE THAT THEIR CAIPS ALSO REFLECTING THE SUSPENDED ORDERS,,, u people must must join us in litigation whether he is Sir Tim or David.
Best Regards.
Jevan.

 

[vnkmr]

hi
Im new to this forum
can any one help me how many points I will get?
IELTS
L-8
S-6.5
R-6
W-6
Age- 27
Hospitality exp- 6 years
education - Masters

 

[jevan]

hi
Im new to this forum
can any one help me how many points I will get?
IELTS
L-8
S-6.5
R-6
W-6
Age- 27
Hospitality exp- 6 years
education - Masters

@vnkmr,
brother for better guidance u may follow Qorax threads regarding IELTS scores & further supports.
Best Regards.
Jevan.