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Federal Skilled Worker Class Action Lawsuit

hopefulever

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Feb 11, 2012
327
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what happened in fedral court today . there was a hearing in tims case . Any clue.
 

farmerofthedell

Star Member
Jun 21, 2012
89
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Vancouver, BC
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FSW
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2014-09-12
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2014-12-30
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shahid19091982: Too late to join. That case was decided on a few months ago, and is now pending in the Court of Appeal and not accepting new litigants.

hopefulever: Sometime in the last week or two, DoJ informed Justice Barnes about the new case, and Justice Barnes had the July 9 date cancelled in favor of a case management conference yet to be scheduled. No further info from there.
 

hopefulever

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Feb 11, 2012
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Doc's Request.
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But the new case is from different lawyer and the scheduled case for 9th was of tim emam group, if i am not wrong.
 

farmerofthedell

Star Member
Jun 21, 2012
89
10
Vancouver, BC
Category........
FSW
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Manila
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0016
App. Filed.......
2014-09-12
AOR Received.
2014-12-30
File Transfer...
2015-01-08
Med's Request
2015-07-02
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The Back case is Tim's. Here's the registry info: http://cas-ncr-nter03.cas-satj.gc.ca/IndexingQueries/infp_RE_info_e.php?court_no=IMM-1-13
 

hopefulever

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Feb 11, 2012
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Nov 2008
farmerofthedell said:
The Back case is Tim's. Here's the registry info: http://cas-ncr-nter03.cas-satj.gc.ca/IndexingQueries/infp_RE_info_e.php?court_no=IMM-1-13
WHAT DOES THIS MEAN. PLEASE ELABORATE. WHETHER TIMS MOTION IS CANCELLED AND WHAT IS CASE MANAGEMENT ? WHETHER THIS CASE MANAGEMENT INCLUDES LIANG GROUP OR OTHERWISE.
 

farmerofthedell

Star Member
Jun 21, 2012
89
10
Vancouver, BC
Category........
FSW
Visa Office......
Manila
NOC Code......
0016
App. Filed.......
2014-09-12
AOR Received.
2014-12-30
File Transfer...
2015-01-08
Med's Request
2015-07-02
Med's Done....
2015-07-07
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2015-08-04
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2015-08-21
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2016-03-18
If I understand it correctly, the Emam case already got a decision through the Liang test case. As such, the court can sit on the case and not take any further action. By filing another case, the court is compelled to make another decision.

Case management organizes cases into groups. The current Back group is just the Emam group refiled, including all cases filed until Tim closed the group but excluding those who have been processed by CIC (such as Liang) and those who backed out from Tim's representation along the way. Barnes also manages the Tabingo supergroup, which includes groups filed by other lawyers. Without case management, each group might go their own way and obtain different decisions. I'm not a lawyer, so my apologies if the explanation is inadequate or outright wrong.
 

hopefulever

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Feb 11, 2012
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Does this means , emam group has to wait endlessly without any action on the part off cic and court will not ask it for action. what i understand from registry entry is tims motion slated for 9th july is cancelled and not dismissed. Is it possible to cancel the motion. I think Justice Bernes has some personal grudge against tim who is creating all these hurdels in the matter. Personal grudge should not come in the way of justice.
 

delhi

Full Member
Jan 11, 2013
20
0
this is the latest mail from Tim

Good day,

Attached are the pleadings in the second path we are pursuing. Monday, I will file my reply to the respondent's written argument. It is now up to a judge to decide whether to set down a hearing date.

I intend this week to write a motion, asking for an oral hearing on July 10th to decide (a) whether to hear the case and, (b) if so, to issue an order holding that the ruling in this case will apply to all the litigants who are a part of the Emam contingent, as your case is. I will update you when the motion is decided.

As for our litigation, Justice Barnes is continuing to prevent it from seeing the light of day. I will not waste my time asking him to behave honourably because he has made it clear that such a request, not only will fall on deaf ears, but will result in his knifing us yet again. Bullies do not listen you; they just hit you. (The motion in this new case will undoubtedly force him to so something, however.)

Running on a parallel track is the challenge to s. 87.4. The appeal is currently before the Federal Court of Appeal. Should it succeed, it will apply to everyone. That decision, however, will not come for some months from now. (We should have a decision on my motion long before then and, if it is granted, a hearing date -- likely to be late in the year because it generally occurs ninety days after the Court has agreed to hear the case.)

Regards,

Tim
 

Dramebaaz

Full Member
Apr 17, 2013
29
4
Dear Sir,

Hi!

Please guide by answering some queries:

1. What is going on in case of Federal Skilled Worder Class Action Lawsuit and/or Federal Court Appeal? Any latest news? Will it be applicable and beneficial for all the backlog applicants or only litigants?

2. Should all the people accept and apply for refunds; who have been contacted by CIC to do so, within a 2-months periods? What will be their fate if in future appeal goes in favor of applicants? What are pros and cons of accepting or not accepting/applying for refund?

Is there any hope or not?

What is your advice?

Regards!
 

luckycheeks

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Jun 21, 2013
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Dramebaaz said:
Dear Sir,

Hi!

Please guide by answering some queries:

1. What is going on in case of Federal Skilled Worder Class Action Lawsuit and/or Federal Court Appeal? Any latest news? Will it be applicable and beneficial for all the backlog applicants or only litigants?

2. Should all the people accept and apply for refunds; who have been contacted by CIC to do so, within a 2-months periods? What will be their fate if in future appeal goes in favor of applicants? What are pros and cons of accepting or not accepting/applying for refund?

Is there any hope or not?

What is your advice?

Regards!
1. Its dead before it hit the ground.
2. its mandated by Canadian law, so yes, its a smart move to just accept the refund. Future is bleak my friend if you go through the arduous process of litigation and such. Its advisable to move on. If you accept the refund today, you could: 1. use the money refunded for something more useful; 2. get your mind off the damn thing that is not worth a rat's ass; 3.work some plan to regroup and reapply (there are 60 ways to enter/immigrate to Canada; 4. Finally, you will have some sort of closure and a peace of mind since you already come to terms with the fact that you failed and will do whatever you can to do it all over again (to try your luck to come to immigrate to Canada)

I should know, I'm one of the many pre - 2008 applicants too. :(
 

jaydeepdave

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Feb 15, 2011
191
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Ahmedabad
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Medical payment is necessary to send or only e medical form will do?
 

farmerofthedell

Star Member
Jun 21, 2012
89
10
Vancouver, BC
Category........
FSW
Visa Office......
Manila
NOC Code......
0016
App. Filed.......
2014-09-12
AOR Received.
2014-12-30
File Transfer...
2015-01-08
Med's Request
2015-07-02
Med's Done....
2015-07-07
Passport Req..
2015-08-04
VISA ISSUED...
2015-08-21
LANDED..........
2016-03-18
luckycheeks said:
1. Its dead before it hit the ground.
2. its mandated by Canadian law, so yes, its a smart move to just accept the refund. Future is bleak my friend if you go through the arduous process of litigation and such. Its advisable to move on. If you accept the refund today, you could: 1. use the money refunded for something more useful; 2. get your mind off the damn thing that is not worth a rat's ass; 3.work some plan to regroup and reapply (there are 60 ways to enter/immigrate to Canada; 4. Finally, you will have some sort of closure and a peace of mind since you already come to terms with the fact that you failed and will do whatever you can to do it all over again (to try your luck to come to immigrate to Canada)

I should know, I'm one of the many pre - 2008 applicants too. :(
I'm sure you would feel differently if your NOC were not in the current FSW list, or if your age deducts a lot of points from your score.
 

rohit.tandel2

Full Member
Feb 29, 2012
23
0
I got letter for Refund / Return of Processing fees , Right of PR fee.....

my query is their mention below address to send form.

Retrun to :
Citizenship and Immigration Canada
P.O.Box 9639
Ottawa, ON CANADA
k1G 4B3

But problem is when i went to DTDC courrier they said we can not send on this on PO box no. we need complete address .

Can any help in this? what is full address

Thanks
Rohit
 

zardoz

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Why use courier? Is there a problem with the normal post?