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Federal Skilled Worker Class Action Lawsuit

What will be the penalty for CIC when all its follies get exposed in court? What will be the punishment for Minister's aides who misguided him with wrong information ?
 
noon said:
What will be the penalty for CIC when all its follies get exposed in court? What will be the punishment for Minister's aides who misguided him with wrong information ?
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nothing.
 
:) Hi to all seniors. yesterday I also joined against injustice. We will win as GOD's Faith will lead us to our Fate. Reverse counting for Victory has begun.
 
Fate_vs_Faith said:
:) Hi to all seniors. yesterday I also joined against injustice. We will win as GOD's Faith will lead us to our Fate. Reverse counting for Victory has begun.
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welcome Fate-vs-Faith,brother could u share ur timeline?and which lawfirm u have joined?
 
Holy Backlog Backstab!
BY EDAR 'CINNIKULL' AIHIL
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How immigration department’s incompetence will simply trash 284,000 skilled worker applications just because CIC can’t handle the workload!
Citizenship & Immigration Canada, thanks to our hardworking, tireless Mr Jason Kenney — the right(eous) honourable conservative Minister of Citizenship & Immigration — has decided that since they cannot handle so many applications for immigration, they will just throw away those applications!

There, you fixed your backlog… Bravo Minister!



That means that 284,000 potential immigrants, out of no fault of their own, will find their pre 27-02-2008 applications rejected without even getting a chance for their applications to be reviewed!

It’s like you’ve paid for a particular service (application review), but after years of waiting, and expecting, just to be reviewed — let alone being accepted as immigrant — you’re told that the people reviewing your application are just too slow, lazy and incompetent, so… sorry, here’s your money back. Now move along, nothing to see here!

Holy class-action lawsuits galore, Batman!

And to think that by simply paying back these hundreds of thousands of applicants, the CIC would just start afresh? Do they not realize that an entire army of lawyers must be rubbing their palms in glee?

By returning $130 million fees that it took from immigration applicants, the ministry is simply acknowledging a simple truth: they took the money for providing a service they arbitrarily decided not to perform out of sheer work-pressure!

Is this how a so-called professional government organization (a contradiction in terms, I realize) is run?

Can’t handle the workload? Shove it!

Behind the smokescreen of ‘changing’ labour market conditions (as if it stops changing just because there are new federal rules!), the immigration department is setting a very dangerous precedent.

Which is, that Canadian policies are not to be trusted, because if there’s too much work, we’ll simply change the policies.

And who cares about the applicants anyway

Oh yeah, and not to forget the applicants, whose dreams and aspirations were shattered by a callous, self-righteous and lazy administration.

Who cares about those dirty buggers, those filthy punters lining up ‘our’ shores, taking ‘our jobs’ away, anyway, eh?

Yeehaw!
 
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.we have sumbmited our medicals to ambessy on 24 of july 2012 but we did not get any response.when we will get ststus on internet that your medical has been recieved? my case is is skilled woker. piz help
 
tuyen said:
I hope your wish comes true, and when the time comes, I hope you get a fast and effortless processing of your application. Canada would be lucky to have you.
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Hi Tuyen:

Thank you for your kind words of encouragement.

Since I am one of the pre February 28, 2008 applicants who is also effected by the recent changes to Canada’s immigration legislation. And since I don’t want the 2013 opportunity to pass me by, I have decided that I will wait until the middle of January 2013 before filing a new application for myself along with my family.

I hope everyone will receive a favorable answer from the courts come New Year 2013.

God bless everyone!
 
Aquila said:
I have decided that I will wait until the middle of January 2013 before filing a new application for myself along with my family.

God bless everyone!
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Good for you! Wish you and your family the best of luck!
 
Dear friends:
While the cases have already been filed the following may be the grounds on the basis of which various Lawyers filed our applications for judicial review:
1. The applicant submitted an application for permanent residence in Canada including payment of the requisite processing fee, before Feb. 2008.
2. The applicant filed the application together with the appropriate filling fee required by law and believed upon payment that a contractual right had been established to have the application heard and processed which can be expressed as a legal legitimate expectation that this process will take place in accordance with IRPA and its regulations together with the objectives of IRPA. As such the applicant had a vested right and it would be unreasonable to confiscate arbitrarily this right and thus the applicant continues to have a right to be processed.
3. The rule of law is a fundamental principle of the constitution which has been indirectly derived from Magna Carta 1215. The rule of the law protects individuals from arbitrary state action which lacks reasonability. There is a presumption against the retroactivity of statutes. A statute will not be proceeded retroactively unless it states so explicitly and is not capable of any other interpretation. section 87.4 of IRPA is not sufficiently clear to be applied retrospectively.
4. Section 87.4 (1) of IRPA infringes section 15(1) of the Canadian Charter of Rights And Freedom and the infringement of under subsection 15(1) of the charter is not saved by section 1; the infringement is not a reasonable limit prescribed in law and is therefore of no force and effect.
5. The provisions of section 87.4must be interpreted in a manner consistent with all the provisions of IRPA. Section 25(1) of the IRPA provides an applicant may seek exemption from any of the provisions of IRPA section 25 (1) applies to all the provisions of IRPA and there is nothing in the language of section 87.4 IRPA to exempt it from the application of section 25(1), the applicant has a right to seek an exemption from the application of 87.4 on humanitarian and compassionate grounds prior to an officer applying 87.4 to the applicant’s application
6. In the alternative the language of section 87.4(1) of IRPA is vague and leads to uncertainty.
7. That while it may be permissible to foreclose a right of recourse if applications are terminated by clear operation of law, given the discretion involved in determining the applicability of sub section 87.4(1) of IRPA it is unlawful not to allow that discretion to be reviewed by the court in a meaningful way.
8. Section 87.4(2) leads to unjust enrichment contrary to The Financial Administration Act. with the applications terminated particularly after delays caused by the The Minister of Citizenship and Immigration Canada the enrichment becomes unjust and unlawful.
9. The delay in processing the application is not attributable to the applicant.
10. The minister is under duty to render a decision.
11. The decision was unlawfully made, in that the tribunal ignored relevant evidence, misconstrued the evidence before it and breached the principles of Fundamental and Natural Justice.
12. The tribunal erred in law in that it misconstrued the facts before it.
13. The tribunal erred in law in that it unduly fettered its discretion in the manner in which it conducted the termination.
14. The applicant has a legitimate expectation that filed application be processed in accordance with the policy manual.
15. Such further and other grounds as counsel may advise and Hon'ble court permits.

I hope we have made up a very strong case and let us pray that victory is achieved at the earliest.
 
I am just wondering if the Judge or the DoJ lean towards what's best for Canada(implication on social service, benefits, health care, employment etc) at the moment or towards non-candians ? May be they dont want to become the next UK ?!

I really wish, CIC is held accountable for its actions/inactions.

1. Stop accepting any type of FSW until the entire backlog is cleared.
2. Increase the Visa Quotas for the VO.
3. Process the applications who are midway through processing ( Eli, Crim, Ver, MR etc ) to avoid wasting more time and resources in re-processing the same application/criteria ( thus avoiding hardships for applicants )
4. Then on a FIFO for the applicants, whose points have not been calculated yet.

I think even of the DoJ forces the CIC to look at the applications, I foresee a wave of mass rejections on some clause or the other
 
CIC is obliged to process all files before throwing them in the Ocean.During this process some will survive , some will go deep in the ocean and very few will have to get some remedy for survival.
 
Now while it is going to be a managed case I suggest all those friends who do not want to get deleted to be a part of the litigation as soon as possible and certainly before 8 Jan 2012 because may be and I also wish that the non litigants also get the relief but the chances are that only the litigants will prevail so please be aware.
 
CIC has started to triggers litigants file and started to separate all litigants files from backlog applicants...to freeze the no of litigants in coming hearing 14-JAN-2013.
 
God willing we will win in the month of January. But even if we do we have to bring this issue to the notice of the respective MPs of our respective countries. CIC has to mention in its website and all forms that ' Processing is very unrealiable and may not be carried out unless you file ur case in the federal court ' They have make it known that they are an unrealiable partner in the whole immigration process.
They must also mention that ' Your processing fee and application does not gaurantee you a place in the queue'.
And lastly let us not forget the torment CIC has put us through, we have to explore avanues to SUE CIC FOR MILLIONS OF DOLLARS for cheating and immigration fraud in our respective countries as well as in the Federal Court of Canada.
 
st-cnncomes said:
God willing we will win in the month of January. But even if we do we have to bring this issue to the notice of the respective MPs of our respective countries. CIC has to mention in its website and all forms that ' Processing is very unrealiable and may not be carried out unless you file ur case in the federal court ' They have make it known that they are an unrealiable partner in the whole immigration process.
They must also mention that ' Your processing fee and application does not gaurantee you a place in the queue'.
And lastly let us not forget the torment CIC has put us through, we have to explore avanues to SUE CIC FOR MILLIONS OF DOLLARS for cheating and immigration fraud in our respective countries as well as in the Federal Court of Canada.
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Lolxx and u really think you would win anything like that?? Lolx
 
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