Federal Skilled Worker Class Action Lawsuit

[hopeful4]

Hallo Jevan
MY guess is that CIC inquired about the status of your file with the visa office of LOndon and found that your file will not be terminated according to omnibus budget bill, so it informed the court and this note was added to your file.

 

[hopeful4]

I Have this update from the court for my file
Letter advising that no decision has yet been made. As such, no reasons exist sent by Embassy of Canada, Vienna Austria on 23-OCT-2012 pursuant to Rule 9(2) Received on 23-OCT-2012

 

[hopeful4]

did you get your caips jevan? what was in it?

 

[warmest]

The following is the latest entry that can be found in the court files of the lead cases as on 2012-10-30

Oral directions of the Court: The Honourable Mr. Justice Barnes dated 30-OCT-2012 directing "The Court is scheduling a Case Management Conference on November 14, 2012 at 4:00 pm for duration of 1.5 hours. Counsel located at Toronto to appear at the Federal Court, 180 Queen Street West, in the city of Toronto, Province of Ontario and other counsel may appear by telephone." received on 30-OCT-2012 Confirmed in writing to the party(ies)

 

[warmest]

Dear Warmest:

Very informative and helpful posting about class action, I wounder if we can get some information on Manage litigation.

Thank you

Dear wounderful,

You are welcome. I will try to get as much more information as possible and post them here in the days to come.

 

[warmest]

Hellow Members:

My uncle in Canada paid my fee to Mr. Bellissimo in August and he also ordered CAIPS notes which I received today, only i found the difference between one I ordered last year is now my litigation number etc. appears in CAIPS notes they by chance also send me FOSS which has one page that mentioned my litigation numers etc. So I understand that, now in my case they are fully aware about my AFL (Application for Leave) and I think they will not send me refund fee reqeust till the court deceision has been made.

Best of luck

Yes, I too think that CIC will not make efforts to initiate fee refunds for litigants until a court decision is made.

 

[warmest]

Hello Members:

I am ready to accept CAD 100,000 if a settlement with cic has been made.

I will be happy if the court orders CIC to process my file on priority within 4 months and also grant me CAD$100,000 as a compensation amount for the damages that CIC has caused to me. Fair enough expectation, right?

 

[wounderful]

Hi Friends,
while searching my case record in federat court,i found new entry in my case,which is as follows:

24-10-2012
OTTAWA
Letter advising that no reasons exist on file for termination under s.87.4(1)IRPA sent by HCC,LONDON,UNITED KINGDOM on 18-oct-2012 peruant to rule 9(2) received on 24-oct-2012.

What are ur expert opinions on above para,please share.
Best Regards.
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]

from my above posting i forget the date either it was till March or April. But it relates with same date that is available in CIC website.

 

[avijitsg]

Dear all,
I have got the following reply from my lawyer (Bellissimolaw Group):
Quote:
The message on the website means that your file has been terminated; your file is one that is caught by s.87.4 of the new legislation.
In terms of a refund, it is our recommendation that you do not seek your refund. Seeking your refund could later be seen as your acceptance that your file has been terminated. If litigation is ultimately unsuccessful, you will be able to obtain your refund then.
Unquote.

 

[wounderful]

Dear Members:

As i wrote earlier about my CAIPS and FOSS one intresting thing to note is the BFD is updated and now 10-10-2012 I do not know what they do on or after this date (as file is terminated due to S. 87.4) any comments ??

 

[warmest]

Dear all,
I have got the following reply from my lawyer (Bellissimolaw Group):
Quote:
The message on the website means that your file has been terminated; your file is one that is caught by s.87.4 of the new legislation.
In terms of a refund, it is our recommendation that you do not seek your refund. Seeking your refund could later be seen as your acceptance that your file has been terminated. If litigation is ultimately unsuccessful, you will be able to obtain your refund then.
Unquote.

Bellissimo Law Group's recommendation makes sense.

 

[warmest]

Dear Members:

As i wrote earlier about my CAIPS and FOSS one intresting thing to note is the BFD is updated and now 10-10-2012 I do not know what they do on or after this date (as file is terminated due to S. 87.4) any comments ??

I think CIC will continue to update the CAIPS and FOSS until (and, may be, for some more time after) the court finally decides on our litigations. CAIPS and FOSS are just notes that are meant to describe the status of an immigration file. Eventhough CIC says the immigration files are terminated as per law, CIC cannot stop a lot of developments that happen from the court side with respect to those immigration files. That is why the litigant's Court Number is entered in the CAIPS and FOSS.

 

[wounderful]

I think CIC will continue to update the CAIPS and FOSS until (and, may be, for some more time after) the court finally decides on our litigations. CAIPS and FOSS are just notes that are meant to describe the status of an immigration file. Eventhough CIC says the immigration files are terminated as per law, CIC cannot stop a lot of developments that happen from the court side with respect to those immigration files. That is why the litigant's Court Number is entered in the CAIPS and FOSS.

Dear Warmest:

I also think that they will keep update due to court proceeding.

Thank you for your valuable comments.

 

[wounderful]

Moreover, they have to work hard now for updating our cases however, there will be much lesser work to do in our filed if they really update our cases to proceed further. Now there holiday time is over and they have to update court and honor its decision (which is 100% in our favor) and they again have to work on filed files (means now twice they have to work in our files) and they will never do this to other in future 8).

I remember from the last CAIPS notes they never touch my file since long and now they replied so many queries related to my file for court order as well as my request of CAIPS and FOSS file (Good for them if all pre-2008 do the same every month). imagine 86000 X 2 HA HA HA ..... ;D