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Federal Skilled Worker Class Action Lawsuit

MOHAGER

Star Member
Oct 30, 2014
51
3
123
canada, British Columbia
Category........
Visa Office......
London
NOC Code......
NOC 2011
Job Offer........
Pre-Assessed..
App. Filed.......
Aug 2014
Doc's Request.
Aug 2014
Nomination.....
Nov 2014
AOR Received.
Dec 2014
IELTS Request
Sent with application
File Transfer...
Feb 2015
Med's Request
Feb 2015
Med's Done....
Feb 2015
Interview........
Wavied
Passport Req..
26 Mar2015
VISA ISSUED...
01 April2015
LANDED..........
13 May 2015
Parmiknder said:
Hi everyone,

My name is navdeep kaur and i am from India i have applied fo rcanadian PR in
(FSW) in human resource category (HR)

I submitted my file on 2 september,2014 and my UCI number came on December 31st.

Then, i got married on 11 january,2015 and i added my spouse's name in the file and updated my file.now the status of my file shows ''We started processing of your file on 24 february, 2015.

Now i am waiting for my medical.does anyone have any idea how much more time it will take for the medical to come.

Thanks
Hi navdeep ,

First of all congratulations for your marriage, I wish all long happy life together.

for your question, please check my time line and others as well who applied in the same period.

wish you the best
 

warmest

Hero Member
Oct 11, 2012
494
13
Mumbai
Category........
Visa Office......
New Delhi, India
NOC Code......
0211
Job Offer........
Pre-Assessed..
App. Filed.......
12 Mar 2005
Doc's Request.
Submitted along with application
AOR Received.
04 Jun 2005
IELTS Request
Submitted in Jul 2005
mod2014 said:
yes and paid fees to Colin Singer.
Is Colin Singer on an appeal in your case right now or has your litigation come to an end already? If your appeal is still pending, you may wait for some more time for the refund to come. But if your litigation has already got over, then you should give a tight chase by sending reminders until you get your refund.
 

varunwalia

Full Member
Jul 23, 2014
34
0
Chandigarh
Visa Office......
New Delhi
NOC Code......
2131
Job Offer........
Pre-Assessed..
App. Filed.......
24-12-2014
my file was returned and I received it today.... The reason mentioned is that my duties doesn't match with the duties as described for particular NOC i applied for...
I simply cant believe this as mine 90% duties match.
Can I challenge the decision? and how to proceed from here?
plz help
 

mod2014

Star Member
Jun 16, 2014
137
0
warmest said:
Is Colin Singer on an appeal in your case right now or has your litigation come to an end already? If your appeal is still pending, you may wait for some more time for the refund to come. But if your litigation has already got over, then you should give a tight chase by sending reminders until you get your refund.
Thanks for your guidance. They are not answering my reminders, may be they become deaf in the name of refunds. some of my fellow litigants got refunds, despite the litigation are still in the Supreme Court of Canada after Federal Court. But those applied most of them got refund and I also applied in October 2014 but still waiting.
 

warmest

Hero Member
Oct 11, 2012
494
13
Mumbai
Category........
Visa Office......
New Delhi, India
NOC Code......
0211
Job Offer........
Pre-Assessed..
App. Filed.......
12 Mar 2005
Doc's Request.
Submitted along with application
AOR Received.
04 Jun 2005
IELTS Request
Submitted in Jul 2005
mod2014 said:
Thanks for your guidance. They are not answering my reminders, may be they become deaf in the name of refunds. some of my fellow litigants got refunds, despite the litigation are still in the Supreme Court of Canada after Federal Court. But those applied most of them got refund and I also applied in October 2014 but still waiting.
Ensure you use the correct form of CIC while communicating with them to get your processing fee returned.

Refer to the following 'Notice' of CIC:
http://www.cic.gc.ca/english/department/media/notices/notice-returns.asp
 

mod2014

Star Member
Jun 16, 2014
137
0
warmest said:
Ensure you use the correct form of CIC while communicating with them to get your processing fee returned.

Refer to the following 'Notice' of CIC:
http://www.cic.gc.ca/english/department/media/notices/notice-returns.asp
Yes obviously man I used the correct one. What will I get using wrong one. Then they asked me scan copies of my passport, which I sent them and after that they become deaf & dump.
 

warmest

Hero Member
Oct 11, 2012
494
13
Mumbai
Category........
Visa Office......
New Delhi, India
NOC Code......
0211
Job Offer........
Pre-Assessed..
App. Filed.......
12 Mar 2005
Doc's Request.
Submitted along with application
AOR Received.
04 Jun 2005
IELTS Request
Submitted in Jul 2005
mod2014 said:
Yes obviously man I used the correct one. What will I get using wrong one. Then they asked me scan copies of my passport, which I sent them and after that they become deaf & dump.
:eek: ??? ::) "...after that they become deaf & dump." ! ? :eek: ??? ::)
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~


Q3. Is there any reason why I wouldn't get my fees returned?
The new law affects FSW applicants who applied before February 27, 2008, did not have a decision based on selection criteria before March 29, 2012, and whose cases were not finalized by June 29, 2012. If an immigration officer refused your application before the law came into force on June 29, 2012, you will not get your money back.

Q4. How do I get my fee return?
Please submit this form (PDF, NaN undefined) including your current contact information. Upon receipt of your form, CIC's centralized task force in Ottawa will ensure the mailing address provided is used to mail your cheque. The cheque will be issued in the appropriate currency known to be cashable in your country of residence. The final amount will be based on the exchange rate on the date of cheque issuance.

Q5. How long will it take for me to get my cheque?
Given the number of people affected and the verification processes required to ensure due diligence, CIC expects that it will take some time to process all fee returns.

Most people should get their fees back within six months. There may be longer delays in some cases, such as if:

1. you live in a country where there are international banking restrictions,
2. the cheque we issued was lost in the mail or was stolen,
3. we need more information from you or the visa office to issue the fee return.

Note: CIC will not answer inquiries on the status of your fee return until six months after the day we get the completed form set out in Q4 above.

We will send you an email confirmation when your return of fees payment is issued.

If you have not received your cheque after two months from the date of that email, you may contact us by email. Any inquiries made sooner than this will not be answered.

We appreciate your patience. :D ;D

Q6. What if my cheque gets lost in the mail?
Please be assured that all the necessary steps in Canada will be taken to ensure that the fee returns successfully reach the intended recipients. However, we cannot be responsible for the mail delivery services of other countries.

If it has been more than two months since you got an email confirmation from us, and you have not received your cheque yet, you may contact us by email so we can follow up as necessary.

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

naticom

Hero Member
Jul 4, 2014
545
98
Category........
Visa Office......
Hong Kong
Job Offer........
Pre-Assessed..
App. Filed.......
04-04-2016
Doc's Request.
27-07-2016 RCMP
AOR Received.
AOR1 26-04-2016 AOR2 14-06-2016
File Transfer...
06-06-2016
Anyway to deal with unfair treatment from local VO?

I mean, there are a bunch of applicants who are lucky enough to receive ME/MER after their files get received by local VO in a very short time, while still others have been waiting for 6 months or more without any update. When they check CAIPS reports, there are no background or other time-consuming checks, but the files just got stalled and they did not even know when the VO will open the files again! Why these people have to waste their lives on meaningless waiting just because the allotted VO does not give a **it on their cases?
 

hopefulever

Hero Member
Feb 11, 2012
327
2
Category........
Visa Office......
NDLS
NOC Code......
4131
Job Offer........
Pre-Assessed..
App. Filed.......
10-07-2004
Doc's Request.
Nov 2008
Calgary 08-APR-2015 BEFORE The Honourable Mr. Justice Campbell Language: E Before the Court: Case Management Conference Result of Hearing: ---Hearing will be postponed until a matter before the Supreme Court of Canada which may have a bearing on these proceedings is concluded ---A follow up Case Management Conference shall be scheduled for 2pm (EST) May 12, 2015 in person in Toronto ---Respondent's Motion Materials will be served and filed by April 17, 2015 and a reply, if any, will be due by April 29, 2015 held by way of video conference in chambers Duration per day: 08-APR-2015 from 02:00 to 02:34 Courtroom : Judge's chambers - Calgary Court Registrar: Hazel Buchanan Total Duration: 34min Appearances: Mr. Roco Galati (416) 530-9684 representing Applicant Mr. MArtin Anderson & Ms. Jocelyn Espejo-Clarke (416) 952-2856 representing Respondent Comments: Matter heard together with IMM-6828-12. Original Minutes on IMM-6828-12 Minutes of Hearing entered in Vol. 312 page(s) 48 - 52 Abstract of Hearing placed on file
 

Tario...34

Star Member
Feb 22, 2015
99
3
123
Nigeria
Category........
Visa Office......
Accra
NOC Code......
3112
Job Offer........
Pre-Assessed..
App. Filed.......
24/12/2014
File Transfer...
17/03/15
Med's Request
Waiting patiently....
naticom said:
Anyway to deal with unfair treatment from local VO?

I mean, there are a bunch of applicants who are lucky enough to receive ME/MER after their files get received by local VO in a very short time, while still others have been waiting for 6 months or more without any update.



My point exactly. ... really wish cic would do sthg abt visa offices that are slow...
 

warmest

Hero Member
Oct 11, 2012
494
13
Mumbai
Category........
Visa Office......
New Delhi, India
NOC Code......
0211
Job Offer........
Pre-Assessed..
App. Filed.......
12 Mar 2005
Doc's Request.
Submitted along with application
AOR Received.
04 Jun 2005
IELTS Request
Submitted in Jul 2005
hopefulever said:
Calgary 08-APR-2015 BEFORE The Honourable Mr. Justice Campbell Language: E Before the Court: Case Management Conference Result of Hearing: ---Hearing will be postponed until a matter before the Supreme Court of Canada which may have a bearing on these proceedings is concluded ---A follow up Case Management Conference shall be scheduled for 2pm (EST) May 12, 2015 in person in Toronto ---Respondent's Motion Materials will be served and filed by April 17, 2015 and a reply, if any, will be due by April 29, 2015 held by way of video conference in chambers Duration per day: 08-APR-2015 from 02:00 to 02:34 Courtroom : Judge's chambers - Calgary Court Registrar: Hazel Buchanan Total Duration: 34min Appearances: Mr. Roco Galati (416) 530-9684 representing Applicant Mr. MArtin Anderson & Ms. Jocelyn Espejo-Clarke (416) 952-2856 representing Respondent Comments: Matter heard together with IMM-6828-12. Original Minutes on IMM-6828-12 Minutes of Hearing entered in Vol. 312 page(s) 48 - 52 Abstract of Hearing placed on file
What is that matter before the Supreme Court of Canada which might have a bearing on these proceedings?

So, our indefinite wait for justice continues, with the next stop-over scheduled for 12 May 2015. :( ??? :-X
 

E and I

Newbie
Apr 9, 2015
5
0
Hi - I sent an aplication under the old system for FSW. My application was received on 30 Dec 2014. I am still waiting for a file number they cashed the bank draft 4 weeks ago - is this wait time excessive? how long should I wait before I apply under Express Entry (I have received an Invitation to apply under that route)? My LMO expires in June and am worried I will not have a file number before that to apply for a bridging visa.

Any advice?
 

hopefulever

Hero Member
Feb 11, 2012
327
2
Category........
Visa Office......
NDLS
NOC Code......
4131
Job Offer........
Pre-Assessed..
App. Filed.......
10-07-2004
Doc's Request.
Nov 2008
warmest said:
What is that matter before the Supreme Court of Canada which might have a bearing on these proceedings?

So, our indefinite wait for justice continues, with the next stop-over scheduled for 12 May 2015. :( ??? :-X
I think there are sudden elections declaired in alberta province for may 5. as in india all decsions are held in election times, same is happening there. also supreme court case in tabingo case is in process to be decided for leave. all these factors are reasons for postponement. this is solely my own views.
 

PMM

VIP Member
Jun 30, 2005
25,494
1,947
HI

hopefulever said:
I think there are sudden elections declaired in alberta province for may 5. as in india all decsions are held in election times, same is happening there. also supreme court case in tabingo case is in process to be decided for leave. all these factors are reasons for postponement. this is solely my own views.
1 sorry, maybe in India, but in Canada the courts are independent and keeping going during elections.
 

warmest

Hero Member
Oct 11, 2012
494
13
Mumbai
Category........
Visa Office......
New Delhi, India
NOC Code......
0211
Job Offer........
Pre-Assessed..
App. Filed.......
12 Mar 2005
Doc's Request.
Submitted along with application
AOR Received.
04 Jun 2005
IELTS Request
Submitted in Jul 2005
Dear All,

Here is Tim Leahy's latest email of today (10 April 2015) with the subject line "April 21st hearing postponed".

Good day,

Justice Campbell has decided to wait until the Supreme Court has decided whether to hear the Tabingo (the so-called class-action lawsuit over the closing of the FSW files) before hearing our case. He has, therefore, adjourned the April 21st hearing and set a meeting for counsel for May 13th to set a hearing date, if the Supreme Court declines to hear Tabingo.

Justice Campbell, who is, perhaps, the only Federal Court judge whom I trust, does not want to rule on the legality of s. 87.4 if the Supreme Court is going to do so itself because he does not want to render a different decision than what the Supreme Court declares. In addition, if the Supreme Court grants leave and declares s. 87.4 unlawful, he won't have to make any ruling at all because all the files will be open.

My own view is that the Supreme Court will not agree to hear Tabingo because it only accepts cases it considers to be important to Canadian law. So, I am sorry but we are going to have to wait even longer.

Regards,

Tim

p.s. Please do not ask me when the hearing will occur. I do not profess to be able to tell the future. Justice Campbell did say, however, that, if the Supreme Court declines to hear Tabingo, he will set our case down for a hearing as soon as possible.