class action against CIC

[StefanoR]

Hi,

I have been thinking that we could start a class action against CIC for their unreasonable delays in processing our applications and the lack of information about what is going on with the application process.

Since CIC is a Federal department/program it cannot go to the Ombudsperson of a province, but we could either try the Federal court or the Human Rights Tribunal.

I remember seeing a post where someone argued that the writ of Mandamus could apply to our case and, if we can prove CIC has not processed our applications with the due diligence, I believe we could sue them for damages as well.

So, anyone know a good lawyer?

 

[Galano1213]

I would be interested in being part of this as my application certainly was not processed in a timely manner I was put in inland when it should have been outland Applied July 14 and never got straightened out until Dec31,2014. It would still be inland if I hadn't had my MP call CIC.

 

[andyb2404]

Hi,

I have been thinking that we could start a class action against CIC for their unreasonable delays in processing our applications and the lack of information about what is going on with the application process.

Since CIC is a Federal department/program it cannot go to the Ombudsperson of a province, but we could either try the Federal court or the Human Rights Tribunal.

I remember seeing a post where someone argued that the writ of Mandamus could apply to our case and, if we can prove CIC has not processed our applications with the due diligence, I believe we could sue them for damages as well.

So, anyone know a good lawyer?

This is a total waste of time and energy. You want to sue the government for the country your trying to immigrate too?? Seriously...
Delays in applications happen due to a variety of reasons, all the time a human is applying and all the time a human is processing the applications there will always be a risk of human error.
Canada is not the only country that has a slow process time, many other countries have times a lot slower.
CIC are actually speeding up in many VO's and straight forward applications are being completed in under 100 days.

 

[Ponga]

So, anyone know a good lawyer?

You might consider the law firm that generously provides this forum for all of us:
Campbell Cohen

Just click on the CANADAVISA.COM at the top of this page to find their contact info.


While I agree that it seems futile (unless the Canadian sponsor is willing to do this, since the foreign national would have no right to do so)...more power to you for trying!

 

[Galano1213]

I am a Canadian sponsor

 

[scylla]

Before you consider hiring legal representation and moving forward, I would recommend you read through the Federal Skilled Worker Class Action Lawsuit thread where a group of applicants went after CIC for canceling the processing of their FSW applications after years of waiting. Lots of money spent on legal representation - decided in favour of CIC:

http://www.canadavisa.com/canada-immigration-discussion-board/federal-skilled-worker-class-action-lawsuit-t113853.0.html

It's obviously not an exact one for one - but it will allow you to appreciate the length and cost of the process involved in pursuing this.

 

[jamsham12]

I would be interested in being part of this as my application certainly was not processed in a timely manner I was put in inland when it should have been outland Applied July 14 and never got straightened out until Dec31,2014. It would still be inland if I hadn't had my MP call CIC.

I am currently where you are at, they put my application as Inland when it shoulda been outland, how did they take 3 months to sort it out? wow...

 

[Galano1213]

The error was only discover OCT 8 by my MP after I had called CIC and got no where My MP called and found out. CIC said they would send an email to correct it Oct 8 then received AOR Dec31 It took 6 months to get AOR and have it sent to Cuba Jan 8. Just because of incompetence on a CIC person. It has been in Havana now 3 months. Police certificate needs to be renewed and meds run out April23. Absolutely crazy system .

 

[jamsham12]

The error was only discover OCT 8 by my MP after I had called CIC and got no where My MP called and found out. CIC said they would send an email to correct it Oct 8 then received AOR Dec31 It took 6 months to get AOR and have it sent to Cuba Jan 8. Just because of incompetence on a CIC person. It has been in Havana now 3 months. Police certificate needs to be renewed and meds run out April23. Absolutely crazy system .

ridculious.... in the same boat, luckily i had a bad feeling and didnt wait to get the MP involved, hopefully they will fix their error and give me SA soon. I have AOR.

 

[kerryannbailey]

Exactly andyb2404! That's like my kid is going to sue me because I took too long to cook his dinner because the stove was slow and he got a tummy ache. People forget they are not the only ones applying here. There are tens of thousands of people applying through the different classes and CIC doesn't have tens of thousands of employees packed into the visa offices to fly through your application. Neither do these people show up to work and waste 3/4 of their day to chat and finally decide to pick up applications an hour before they leave. People who don't work there have no idea what's going on there and because don't know they think everything is on purpose. One person might have 400 applications to go through per month. That's not easy. And there is no lack of information. That's like you're in line at the grocery store quarelling with the cashier to tell you the cost of your stuff but the cashier hadn't gotten to you yet because there are several patrons before you. There's no additional information if your case hasn't been picked up yet. Maybe People want a count down as to when their case will be looked at.... I wonder how much extra time that would take... to write emails to everyone or mail letters or call the masses.