Application terminated AFTER sending landing fee and medicals - REFUND ?

[sarimraza]

SENIORS PLEASE GIVE FINAL ADVICE

My case that was applied in 2004 was a bit unique since I got the selection in may 2012 after which I did my medicals and send them landing fee. After that I winded up all my engagements, job etc here in karachi and was getting ready to get the visa and just leave for Canada.

I got the following reply from CIC when i wrote to them in April 2013:

"
Further to your recent email, we can confirm that your case has been terminated as a result of the Jobs, Growth and Long-term Prosperity Act.

A selection decision on your case was made on May 9, 2012 which is after the cut-off date of March 29, 2012. A request for RPRF and medical examination results was issued in May 2012 as we were not aware at that time that the Jobs, Growth and Long-term Prosperity Act (which became law in June 2012) would be applied retroactively. "

Question is, in my case is there any ground for filing a case in court since a selection decision was already made and the retroactive application of law seems to be unjust ?

In other words if law came in effect in June, my selection was already made then, isnt applying the law retroactively unlawful or unjust ?

Let me know if there is any sense in filing a lawsuit to this effect?

2 ] Also Should i go ahead and apply for refund ? I got letter from CIC saying I should reply within 60 days from receipt of letter for refund, last date is July 25 2013 -- so should i go ahead ?

Will asking for refund mean im giving up the case ? Also should i give address information for refund and enclose some letter saying Im sending this but under protest ?

Thanks

 

[kan2008]

very strange....

I think you should immediately apply for appeal in the court.

 

[Azmi474]

Whats this act.plz tell me about it

 

[zardoz]

Laws can be retroactive if the law makers choose them to be. It may be seen as unjust but it's not unlawful. There are already court cases in progress and I don't think any of them has yet been won. You would probably be wasting your time and money.

 

[gabrilla]

SENIORS PLEASE GIVE FINAL ADVICE

My case that was applied in 2004 was a bit unique since I got the selection in may 2012 after which I did my medicals and send them landing fee. After that I winded up all my engagements, job etc here in karachi and was getting ready to get the visa and just leave for Canada.

I got the following reply from CIC when i wrote to them in April 2013:

"
Further to your recent email, we can confirm that your case has been terminated as a result of the Jobs, Growth and Long-term Prosperity Act.

A selection decision on your case was made on May 9, 2012 which is after the cut-off date of March 29, 2012. A request for RPRF and medical examination results was issued in May 2012 as we were not aware at that time that the Jobs, Growth and Long-term Prosperity Act (which became law in June 2012) would be applied retroactively. "

Question is, in my case is there any ground for filing a case in court since a selection decision was already made and the retroactive application of law seems to be unjust ?

In other words if law came in effect in June, my selection was already made then, isnt applying the law retroactively unlawful or unjust ?

Let me know if there is any sense in filing a lawsuit to this effect?

2 ] Also Should i go ahead and apply for refund ? I got letter from CIC saying I should reply within 60 days from receipt of letter for refund, last date is July 25 2013 -- so should i go ahead ?

Will asking for refund mean im giving up the case ? Also should i give address information for refund and enclose some letter saying Im sending this but under protest ?

Thanks

sarimraza, although I don't really know much about such cases but, in my oppinon, I feel you should get a legal advice from an immigration lawyer. There are so many cases of rejection whereby the applicants were reconsidered after appealing. Don,t just give up so easily, especially when you have gone so far with the process. Have it in mind that "Nothing good comes so easy". Good luck

 

[zardoz]

sarimraza, although I don't really know much about such cases but, in my oppinon, I feel you should get a legal advice from an immigration lawyer. There are so many cases of rejection whereby the applicants were reconsidered after appealing. Don,t just give up so easily, especially when you have gone so far with the process. Have it in mind that "Nothing good comes so easy". Good luck

I think you have missed the point on this issue. This is not a single application that has been rejected.
This is the "backlog reduction" legislation that has been discussed all over the forum. You cannot appeal it but there are court cases in progress that are challenging this new law.