Federal Skilled Worker Class Action Lawsuit

[Knight_Crusader]

Dear All,
After the exhaustive research conducted past few days regarding "In Process" and "Decision Made" status we have came to the conclusion and I hope that it makes now clear what the verdict will be in Jan,14 - Jan,16 2013 hearing.

Our base to reach the conclusion was the verdict delivered by Hon. Justice D. J. Rennie on 14 Jun,2012 in Liang V/s MCI case.
Please refer to the link for the decision : http://decisions.fct-cf.gc.ca/en/2012/2012fc758/2012fc758.html

A million dollar question "why certain cases are kept in process" ? and answer to this is as follow
Refer to the link above
Hon. Judge clearly stated in the answer to the question "Was there unreasonable delay ?" that delay can be accounted for three reasons
I quote from the judgement
" (1) the delay in question has been longer than the nature of the process required, prima facie;
(2) the applicant and his counsel are not responsible for the delay; and
(3) the authority responsible for the delay has not provided satisfactory justification."

All three points are satisfied in the delay.
Secondly, Hon. Judge has given clear indication that MI's should not effect the processing of the Pre C-50 application. Further Hon. Judge said that Minister's argument cannot succeed as it does not apply to Pre Feb 2008 applicant. Hence minister cannot rely on the 87.3 (Bill C-50) to justify the delay. Judge clearly said that "in respect of the pre-C50 applications, the Ministerial Instructions cannot constitute a satisfactory justification for delay."

Thirdly, I quote from decision " However, section 87.3 does not eliminate the Minister's duty to process applications in a reasonably timely manner, at least those applications that are accepted for processing. There is no language in section 87.3 or any other amendment to the Act that extinguishes the longstanding, well-accepted duty to process applications in a reasonable time frame. 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. However, for those that are determined eligible for processing, the duty to do so in a reasonably timely manner remains, absent clear legislative language extinguishing that duty"

Now conclusion
a) Those application that have elapsed the avg. time required to process 80% is kept in process (Eg. New Delhi VO 97 months so an applicant waiting for more than 97 months are kept in process)
b) Those application that are determined eligible for the processing i.e. PSDEC positive and total point calculation by case analyst greater than 67 are kept in process

First, As Hon. Judge has already delivered the verdict in Liang case that minister has to perform the duty in reasonable time frame and application of Pre C-50 should not be effected by bill C-50. So Hon. Judge will not contradict his own decision.
Second, those having greater time than avg. processing time is kept in process.

If we speculate the judgement of Jan 2013 hearing I believe that Hon. D.J. Rennie will deliver verdict something like this
To process applications kept in abeyance without any reason than avg. time required. (For eg. New Delhi applicant waiting for more than 97 months MIGHT be processed. Further, to process the application determined eligible for processing. i.e. PSDEC positive and total points greater than 67.

Most of the applications having positive PSDEC and kept in abeyance for more than avg. period required for processing are kept in process and that MIGHT be processed.

Disclaimer: All views are personal and further comments are welcomed

Tyuen and PMM sir, can I kindly request your view on the above analysis ?

 

[tuyen]

Dear Tuyen:

This is what I am doing and I will do till Supreme Court of Canada ruled it "okay" then I would have no right.

Okay, but do you understand that by the time the Supreme Court rules on it, you'll be looking at 2017 or even beyond that?

Wouldn't it be a million times simpler - and more beneficial to you - to just submit a new application under the new rules, with the much faster processing times? I will never understand why so many people are putting all their eggs into this lawsuit basket and setting themselves up for what could very easily be another 5 years (or more) of waiting and waiting.

 

[tuyen]

I've being praying very hard and God knows my heart why and want to live in Canada. March 2013 will be exactly 10 years that i'm trying to get into Canada.

I'll ask you the same question I asked someone else a couple days ago:

If god was so concerned (and so interested) with your desire to live in Canada, why didn't he just intervene and stop your application from being thrown out in the first place, especially after you've already waited 10 years?

Which do you think is the more logical answer?

1) God isn't the least bit interested in people's immigration issues.

or

2) God allowed you to wait 10 years just so you could have your application thrown out because he wants to see if you're willing to pray really really hard.

The other guy never gave me an answer, but I'm really hoping you will, because you seem to have a lot of your emotions and feelings on the outcome of this case tied directly to god's intervention, and I think that's a dangerous place to be emotionally.

 

[noon]

Dear All,

Now conclusion
a) Those application that have elapsed the avg. time required to process 80% is kept in process (Eg. New Delhi VO 97 months so an applicant waiting for more than 97 months are kept in process)
b) Those application that are determined eligible for the processing i.e. PSDEC positive and total point calculation by case analyst greater than 67 are kept in process


Disclaimer: All views are personal and further comments are welcomed

Hi philanthropist,
conclusion b is wrong because the recent DM cases in Newdelhi included PSDEC positive and point calculated cases also

 

[tuyen]

Dear Tuyen

Dont get bitter,forgive them, for they know not what they do...

You are right,but do spare a thought , you aint trying to get out of a hellhole unlike us rest here...

I sympathize with anyone that's trying to get out of a hellhole. The reason that it's easy for me to sympathize with such people is because *I* came out of a hellhole too, so I'm personally familiar with the human desire to want better living conditions and better opportunities. I'm also willing to bet anything that the hellhole I came from is far worse than anything that people in this forum are coming from. The mere fact that people in this thread have things like an internet connection with freedom to the outside world suggests that they also have food to eat, clothes to wear, and a safe place to live. Where I came from, we had no such luxuries.

So if people want to move to a different country to improve their lives, that's fine with me. I get it. I understand it. I support it.

My three main issues of disagreement with most people on this thread are as follows:

1) many of them seem to think it's their RIGHT to get into Canada just because they submitted an application
2) many of them seem to think that Canada's immigration policies should be dictated by people OUTSIDE of Canada
3) if the economic conditions in Canada are such that 10% of the population is unemployed, I think it's an act of insanity for Canada to invite hundreds of thousands MORE people to add to the problem

 

[hopefulever]

But I know one such case having more than 67 points, completed 99 months on 1st jan 2013, his file transfered from in proces to DM.What may be the reasons.

 

[noon]

hopefulever,
The times are based on how long it took to process 80 percent of all cases between October 1, 2011 and September 30, 2012.

That means cases completed 97 months in september 2012 are in process.To be more precise up to july 31,2004 Newdelhi are in process

 

[st-cnncomes]

Actually, I think my chances are quite good this time around because I also have recommendation letters from 11 MPs and 1 Senator, all from the Conservative Party writing in favor of my case. If this doesn't work, I will apply under Business Immigration and I will be in Canada for sure. Thanks for showing your concerns.

Its my pleasure, Just pray that the conservatives are still arround, because by the looks of it ;D

 

[cljw31]

Its my pleasure, Just pray that the conservatives are still arround, because by the looks of it ;D

I never pray, the next election is in 2015, and if my dear friends are defeated, that's why I made quite a few friends in NDP as well, my associates in Quebec went to law school in the 70's at McGill with Mr. Mulcair, I always have back ups to my back up plan. I tried the lawyer thing , but knowing that it wouldn't work out, I'll just go with my original plan.

 

[noon]

cljw31,
hi, immigration decision is taken by a single individual in Canada. Why dont you try by that way?

 

[cljw31]

cljw31,
hi, immigration decision is taken by a single individual in Canada. Why dont you try by that way?

I don't know Mr. Kenney so I wouldn't bother to do so. I'm sure he is not the only one that makes all the decisions, he just announces them. But I can safely say a single Visa Officer does have the authority to decide whether or not I'm qualify for my PR, and that's why I'm allowing my dear friends from Canada to write me supporting letters to help convince the Visa Officer that oversees my files. My friends offered me the letter the first time but I thought I would do it on my own but I failed. We all can use a little help from our friends sometimes

 

[wounderful]

Okay, but do you understand that by the time the Supreme Court rules on it, you'll be looking at 2017 or even beyond that?

Wouldn't it be a million times simpler - and more beneficial to you - to just submit a new application under the new rules, with the much faster processing times? I will never understand why so many people are putting all their eggs into this lawsuit basket and setting themselves up for what could very easily be another 5 years (or more) of waiting and waiting.

For two reasons I have no choice but to wait for this outcome even in 2030.

My occupation is not in the positive list any more. And age points willl be less (that can be no big issue but the first one is bigger).

 

[canlove]

For two reasons I have no choice but to wait for this outcome even in 2030.

My occupation is not in the positive list any more. And age points willl be less (that can be no big issue but the first one is bigger).

There is a good news for you, new FSWC which is coming in May,13 will not have any NOC list ( as twitted by minister), all occupation under O, A, and B will be included so you can apply in FSWC stream this year which will be finalized in months. but you have to start working for it now.

I wish you good luck bro.

 

[canlove]

I sympathize with anyone that's trying to get out of a hellhole. The reason that it's easy for me to sympathize with such people is because *I* came out of a hellhole too, so I'm personally familiar with the human desire to want better living conditions and better opportunities. I'm also willing to bet anything that the hellhole I came from is far worse than anything that people in this forum are coming from. The mere fact that people in this thread have things like an internet connection with freedom to the outside world suggests that they also have food to eat, clothes to wear, and a safe place to live. Where I came from, we had no such luxuries.

So if people want to move to a different country to improve their lives, that's fine with me. I get it. I understand it. I support it.

My three main issues of disagreement with most people on this thread are as follows:

1) many of them seem to think it's their RIGHT to get into Canada just because they submitted an application
2) many of them seem to think that Canada's immigration policies should be dictated by people OUTSIDE of Canada
3) if the economic conditions in Canada are such that 10% of the population is unemployed, I think it's an act of insanity for Canada to invite hundreds of thousands MORE people to add to the problem

+1 for this.

 

[PreetNL]

Hi Seniors

Suggest me how to apply for CAIPS notes? As I applied my case in New Delhi, so could it be possible to file CAIPS to Canadian High Commission Directly through VFS in Chandigarh/New Delhi.