Federal Skilled Worker Class Action Lawsuit

[wounderful]

Dear Members:

Please comments:

If we should have two class actions (sub-classes)

1. Applicants want to proceed with the cases for immigration.

2. Applicants do not wish now to proceed with their cases but want to sue/compensation with the CIC over their loss of money and time etc.

 

[jevan]

Dear Jevan:

I have the same reply in my case, I asked the same with my lawyer he told me that it means that since there is no decision in my file (till March 2012) therefore my case has been for termination under s. 87.4 (1) IRPA. (Rule applied to all pre-2008 who has not received any decision).

Please share others lawyers comments if available as every lawyer has its own point of view.

Thanks.

@wounderful,
I DONT UNDERSTAND THAT IF LAWYER SAYS THAT OUR FILE IS TERMINATED THEN WHY IT IS WRITTEN THAT ""NO REASON EXIST ON FILE FOR TERMINATION UNDER S.87.4""???
Plz comment.
Jevan.

 

[wounderful]

@ wounderful,
I DONT UNDERSTAND THAT IF LAWYER SAYS THAT OUR FILE IS TERMINATED THEN WHY IT IS WRITTEN THAT ""NO REASON EXIST ON FILE FOR TERMINATION UNDER S.87.4""???
Plz comment.
Jevan.

Dear Jevan:

At first I also confused but the reason for our fiels termination is since there is no dicision till March 2012 therefore all files subject to be terminated under S. 87.4 which mere allow us to re-file the case as no positive or negative reason exists.

In short this S. 87.4 is for files pre-2008 to be terminated where no reason exist on file till March 2012.

Hope it may clear your confusion, sorry if not.

 

[wounderful]

Dear Members:

I think next updates on our litigation will be available after 14 November CMC.

So close to reach 23 Nov I am waiting for the outcome so desprately.

I am July 2005 applicant.

 

[mqirnawi]

Dear friends
I have sent inquiry to london office and this is the response:

The Jobs, Growth and Long-term Prosperity Act became law on June 29, 2012. Under this legislation, Federal Skilled Worker (FSW) applications made before February 27, 2008 were terminated by operation of law if a decision based on FSW program selection criteria had not been made by an immigration officer before March 29, 2012.

Upon review of your application, it appears that a selection decision was not made before March 29, 2012, and that your application has been terminated by operation of law. For information on Fee Returns for Federal Skilled Worker applicants affected by the backlog elimination measure:

Link to Notice http://www.cic.gc.ca/english/department/media/notices/notice-returns.asp

Link to Frequently Asked Questions:

http://www.cic.gc.ca/english/department/media/backgrounders/2012/2012-10-12.asp

Link to form to confirm your contact details for fee refunds. NOTE: Form ONLY to be used for Fee Returns for Federal Skilled Worker applicants affected by the backlog elimination measure:

http://www.cic.gc.ca/english/pdf/kits/forms/IMM5741E.pdf

Regards
CSU (VCM)

 

[Shajitmathew]

Hi friends, even though I am posting a comment for the first time, I was following the discussion from th beginning. I am an April 2005 applicant from New Delhi, I have applied through an agent in India called WWICS and also apart of Tim group, joined the litigation in the month of Feb-2012. saw that this is the most active and informative forum. As mentined above, there is a CMC planned at 4.30 PM Otawa , whic may fix the road map for the case, but may be discussing only clas action law suit, not Tims group. Honarable Mr. Barnes is in a mood , not to decide on Tims group. Hence will prolong as much as possible. He is decided , not to decide on the group.

 

[warmest]

Dear friends
I have sent inquiry to london office and this is the response:

The Jobs, Growth and Long-term Prosperity Act became law on June 29, 2012. Under this legislation, Federal Skilled Worker (FSW) applications made before February 27, 2008 were terminated by operation of law if a decision based on FSW program selection criteria had not been made by an immigration officer before March 29, 2012.

Upon review of your application, it appears that a selection decision was not made before March 29, 2012, and that your application has been terminated by operation of law. For information on Fee Returns for Federal Skilled Worker applicants affected by the backlog elimination measure:

Link to Notice http://www.cic.gc.ca/english/department/media/notices/notice-returns.asp

Link to Frequently Asked Questions:

http://www.cic.gc.ca/english/department/media/backgrounders/2012/2012-10-12.asp

Link to form to confirm your contact details for fee refunds. NOTE: Form ONLY to be used for Fee Returns for Federal Skilled Worker applicants affected by the backlog elimination measure:

http://www.cic.gc.ca/english/pdf/kits/forms/IMM5741E.pdf

Regards
CSU (VCM)

Dear mqirnawi,

Thanks for letting us know CIC's response.

Unless you are interested in receiving the refund, do not send the form to CIC.

Are you a part of any litigation against CIC? If not, my suggestion is to join anyone at the earliest, as time is running short.

 

[warmest]

Hi friends, even though I am posting a comment for the first time, I was following the discussion from th beginning. I am an April 2005 applicant from New Delhi, I have applied through an agent in India called ***** and also apart of Tim group, joined the litigation in the month of Feb-2012. saw that this is the most active and informative forum. As mentined above, there is a CMC planned at 4.30 PM Otawa , whic may fix the road map for the case, but may be discussing only clas action law suit, not Tims group. Honarable Mr. Barnes is in a mood , not to decide on Tims group. Hence will prolong as much as possible. He is decided , not to decide on the group.

Hi Shajitmathew,

Kudos on making your first posting.

Thanks for the compliments. ;D

Yes, the 14 November 2012 Case Management Conference and the hearings on 23 and 30 November 2012 are all meant for the Class Action litigation; not for Tim's litigation. You are right, Justice Barnes is trying to prolong as much as possible on ruling on Tim's motion. I hope it to come on the Class Action Certification hearing day or later, but surely before the year 2012 comes to an end.

You have mentioned that you joined Tim's litigation in February 2012. Was it just before 3 February 2012, when Tim made an agreement with CIC to "be guided by" the decision in the representative case? Or, was it later?

 

[wounderful]

Hello Members:

I wounder if in the end there will be only one lead file or each lawyer has its own lead file ?

Any comments.

 

[hopefulever]

So tim group is devided in three parts:

1 Those who joined before Feb 3 when aggrement was signed

2 Those who joined before 14th june when decsion was delivered

3 And those who joined after june 14th

 

[wounderful]

Means,

Tim alone have (or may have) three lead files the fourth will be after class action hearing......and fifth......quite interesting.

 

[warmest]

Hello Members:

I wounder if in the end there will be only one lead file or each lawyer has its own lead file ?

Any comments.

Every lawyer will have his/her own lead file.

 

[warmest]

So tim group is devided in three parts:

1 Those who joined before Feb 3 when aggrement was signed

2 Those who joined before 14th june when decsion was delivered

3 And those who joined after june 14th

Tim's litigation has many parts.
[1] The Chinese national, Liang, who has already got the visas. He was the first successful litigant and got the visas in 2 months time for him and his family.
[2] A group of 165 litigants whose files Bill C-38 (containing s. 87.4 of the Immigration and Refugee Protection Act) did not close. Their files would be finalised within 180 days of receipt of the forms and documents to CIC.
[3] Those whose files were assessed before March 29th or who applied between 27 February 2008 and 25 June 2010.
[4] Those who were assessed between 29 March 2012 and 29 June 2012.
[5] Those who applied before 27 February 2008 and did not have their files assessed by 29 March 2012.
[6] Those who joined Tim's litigation before 3 Feb 2012 aggrement was signed between Tim and CIC.
[7] Those who joined Tim's litigation before 14 June 2012 judgement was delivered by Justice Rennie.
[8] Those who joined Tim's litigation after 14 June 2012 judgement was delivered by Justice Rennie.
[9] ...
[10] ...

Please update if I have missed any. There might be some overlaps in the time period between the above parts, but still the parts tend to stand alone all on their own. Please correct me if I am wrong anywhere.

 

[warmest]

Means,

Tim alone have (or may have) three lead files the fourth will be after class action hearing......and fifth......quite interesting.

No, every lawyer can have only one lead file.

In Tim's case, he first actually had a representative file and it was that of Liang's. It was successful and CIC has already issued the visas. Liang's file is not open anymore. Since CIC is refusing to honour the agreement it made with Tim, Tim now has to come up with a lead file. The lead file is that of Mohammad Mehdi Emam (IMM-7502-11).

 

[hopeful4]

Tim's litigation has many parts.
[1] The Chinese national, Liang, who has already got the visas. He was the first successful litigant and got the visas in 2 months time for him and his family.
[2] A group of 165 litigants whose files Bill C-38 (containing s. 87.4 of the Immigration and Refugee Protection Act) did not close. Their files would be finalised within 180 days of receipt of the forms and documents to CIC.
[3] Those whose files were assessed before March 29th or who applied between 27 February 2008 and 25 June 2010.
[4] Those who were assessed between 29 March 2012 and 29 June 2012.
[5] Those who applied before 27 February 2008 and did not have their files assessed by 29 March 2012.
[6] Those who joined Tim's litigation before 3 Feb 2012 aggrement was signed between Tim and CIC.
[7] Those who joined Tim's litigation before 14 June 2012 judgement was delivered by Justice Rennie.
[8] Those who joined Tim's litigation after 14 June 2012 judgement was delivered by Justice Rennie.
[9] ...
[10] ...

Please update if I have missed any. There might be some overlaps in the time period between the above parts, but still the parts tend to stand alone all on their own. Please correct me if I am wrong anywhere.

There is an additional small group of people who applied before feb 28th 2008 and whose files were assessed before 29th of march 2012 . This is a group of 40, and Tim reached lately a settlement with CIC to assess their files within 300 days of the settlement.