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Federal Skilled Worker Class Action Lawsuit

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
Here is the latest update for:

Matthew Jeffrey (appeal in Supreme Court of Canada)
1. [Ali Raza Jafri, et al.] http://www.scc-csc.gc.ca/case-dossier/info/dock-regi-eng.aspx?cas=36213
Code:
[color=blue]2015-05-08	Correspondence (sent by the Court) to, Yangchun Yang, acknowledgement letter dated February 12, 2015 (returned to the Court by postal company due to wrong address).	
2015-05-08	Correspondence received from, (Letter Form), Applicant Mr. Guo, re: email dated May 8, 2015 - disappointed with the judgment.	Ping Guo[/color]
 

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
Here are the latest updates for:

Tim Leahy (cases currently handled by Rocco Galati in Federal Court of Canada)
1. [Young Mi Back] http://cas-ncr-nter03.cas-satj.gc.ca/IndexingQueries/infp_RE_info_e.php?court_no=IMM-1-13
Code:
[color=blue]-	2015-05-13	Ottawa	Confirmation received from fax machine with respect to successful transmission to counsel of the hearing date Order; placed on file on 13-MAY-2015
38	2015-05-13	Ottawa	Order rendered by G. Calamo, Judicial Administrator at Ottawa on 13-MAY-2015 fixing the hearing at a Special Sitting at Toronto on 02-SEP-2015 to begin at 09:30 Decision filed on 13-MAY-2015 Considered by the Court without personal appearance entered in J. & O. Book, volume 674 page(s) 216 - 216 Copy of the order sent to all parties Transmittal Letters placed on file.[/color]
2. [Haiyan Gong] http://cas-ncr-nter03.cas-satj.gc.ca/IndexingQueries/infp_RE_info_e.php?court_no=IMM-6828-12
Code:
[color=blue]-	2015-05-13	Ottawa	Confirmation received from fax machine with respect to successful transmission to counsel of the hearing date Order; placed on file on 13-MAY-2015
30	2015-05-13	Ottawa	Order rendered by G. Calamo, Judicial Administrator at Ottawa on 13-MAY-2015 fixing the hearing at a Special Sitting at Toronto on 02-SEP-2015 to begin at 09:30 Decision filed on 13-MAY-2015 Considered by the Court without personal appearance entered in J. & O. Book, volume 674 page(s) 217 - 217 Copy of the order sent to all parties Transmittal Letters placed on file.[/color]
 

BBee

Newbie
May 15, 2015
1
0
devu said:
This letter concerns your application for permanent residence in Canada. Based on a review of your file, it appears that your family member may not meet the requirements for immigration to Canada.
I have determined that your family member, Harigovind Soni, is a person whose health condition might reasonably be expected to cause excessive demand on social services in Canada. An excessive demand is a demand for which the anticipated costs exceed the average Canadian per capita health and social services costs, which is currently set at $6,285 per year. Pursuant to subsection 38(1) and section 42 of the Immigration and Refugee Protection Act, it therefore appears that you may be inadmissible on health grounds.
Your family member, Harigovind Soni, has the following medical condition or diagnosis: Infantile Autism.
In particular:
Diagnosis: INFANTILE AUTISM - AUTISM SPECTRUM DISORDER
This 3 year old dependent male child has Global Developmental Delay with autistic features, a chronic condition that typically requires a variable degree of support throughout one's lifetime. According to the specialist, Harigovind has speech and language delay also and he needs speech therapy and psychological intervention and behavioural modification.
He will need the following:
- Special needs teacher
- Social worker/ Medical coordinator
- Speech language therapist
- Pediatric care
Due to his autism spectrum disorder, he would be identified by the educational authorities as qualifying for Special Education and thus would likely be entitled to receipt of extra funding for special education. The school's intention is to continue to utilize educational assistant time and expertise as he continues through the school system. The provision of this special education is costly. Based upon a review of the results of this client's medical examination and all the reports received with respect to this applicant's health condition, I conclude that he has a health condition that might reasonably be expected to cause an excessive demand on social services. Many of the services he requires are wait listed and could cause displacement for other Canadians.
Specifically, his health condition (atypical autism spectrum disorder) might reasonably be expected to require social services, the costs of which would likely exceed the average Canadian per capita costs over five years. He is therefore inadmissible under Section 38(1)(c) of the Immigration and Refugee Protection Act.
In consultation with Health Branch of Citizenship and Immigration Canada, I have determined that the following social services will be required:
According to the Ontario Ministry of Education: A student requiring mild interventions with no other medical or behavioural complications affecting learning would need additional support in the following ways: A psychological assessment diagnosing the delay - approximate cost $2,500 - $3,000. Likely some speech and language support or assessment - approximate cost $2,000 - $2,500. Special education would cost an additional $17,909- $23,142 per student per year, for both human and technological supports. This is above the funding provided for base instruction.
Other needs for this child with variable costs are:
- Social worker/ Medical coordinator
- Speech language therapist
- Pediatric care
- Special transportation to school provided by Special Education Transport Assistance
In summary, the cost of social services over the next five years would be minimum 5 x $17,909 = $89545.

Date: 13MAY2013

Before I make a final decision, you have the opportunity to submit additional information that addresses any or all of the following:
· the medical condition(s) identified;
· social services required in Canada for the period indicated above; and
· your individualized plan to ensure that no excessive demand will be imposed on Canadian social services for the entire period indicated above and your signed Declaration of Ability and Intent.
You must provide any additional information within 60 days of the date of this letter. If you choose not to respond, I will make my decision based on the information before me, which may result in your application being refused.
In order to demonstrate that you/your family member will not place an excessive demand on social services if permitted to immigrate to Canada, you must establish to the satisfaction of the assessing officer that you have a reasonable and workable plan, along with the financial means and intent to implement this plan, in order to offset the excessive demand that you would otherwise impose on social services, after immigrating to Canada. The sections of the Immigration and Refugee Protection Regulations that define the meanings of “social services” and “excessive demand” are included for your reference.
Please ensure that you quote the file number indicated at the top of this letter on any information you submit.
Yours truly,

Visa Officer
Economic Unit
Immigration
HELLO ALL..WHAT TO DO?


----------------------------------
DEVU,

It has been a year since your last post. Any good news on your case? I am in the same boat....pls advise me. :( :'(
 

IMRANKHANJADOON

Full Member
Aug 3, 2013
20
1
sir,
This is imran khan jadoon from pakistan ,i was also the victum of canadian backlog since May 2005.

QUOTE,
At the hearing on April 21st,to lattest September02,2015 the litigants will be seeking the Court to order CIC to honour the February 2012 Agreement and process their files. If the Court accepts its responsibility to
order CIC to honour its promise to the Court, the decision will affect only the 1,300 litigants.
However, if the Court rules instead that CIC may lie to it with impunity, it will have to address the second issue: whether the closing of their files was unlawful. The argument Mr.
Leahy formulated,the counsel in the so-called class-action litigation, Tabingo, ignored.Thus,the dismissal of the Tabingo litigation may not lawfully affect theunfairCIC.com litigation group. In addition, an argument which Rocco Galati made in Tabingo but which Justice Rennie chose not
to address, will also be front and centre. If the litigants prevail on any of these issues, all the
closed skilled worker files will be resuscitated, opening the door to Canada to 200,000 people who entered the immigration queue between 2004 and February 2008.
i never join any law suit,could you please tell me if these people win from Federal court of Canada or Supreme court of Canada will that decision also prevail our cases,am i right.

GOD ALL MIGHTY ALLAH BLESS YOU INCLUDING US AND GIVE YOU SUCCESS IN THIS CRUEL BACKLOG CASE BY ONE OF THE MOST STUPID AND OVER CLEVER PERSON JASON KENNEY.
GOD DAMN JASON KENNEY .
 

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
IMRANKHANJADOON said:
sir,
This is imran khan jadoon from pakistan ,i was also the victum of canadian backlog since May 2005.

QUOTE,
At the hearing on April 21st (moved to 2 September 2015), the litigants will be seeking the Court to order CIC to honour the February 2012 Agreement and process their files. If the Court accepts its responsibility to order CIC to honour its promise to the Court, the decision will affect only the 1,300 litigants.
However, if the Court rules instead that CIC may lie to it with impunity, it will have to address the second issue: whether the closing of their files was unlawful. The argument Mr. Leahy formulated, the counsel in the so-called class-action litigation, Tabingo, ignored.
Thus, the dismissal of the Tabingo litigation may not lawfully affect theunfairCIC.com litigation group. In addition, an argument which Rocco Galati made in Tabingo but which Justice Rennie chose not to address, will also be front and centre. If the litigants prevail on any of these issues, all the closed skilled worker files will be resuscitated, opening the door to Canada to 200,000 people who entered the immigration queue between 2004 and February 2008.
i never join any law suit,could you please tell me if these people win from Federal court of Canada or Supreme court of Canada will that decision also prevail our cases,am i right.

GOD ALL MIGHTY ALLAH BLESS YOU INCLUDING US AND GIVE YOU SUCCESS IN THIS CRUEL BACKLOG CASE BY ONE OF THE MOST STUPID AND OVER CLEVER PERSON JASON KENNEY.
GOD DAMN JASON KENNEY .
Dear Imran Khan Jadoon, You seem to have a valid question. I guess the answer to it mostly lies very much in the above quote (extracted by you from the 22 January 2015 press release of Tim Leahy) itself (see the text marked by me in blue). But the last sentence of that blue text may be little ambiguous, as it can be interpreted differently by others. I believe more clarity will come in as and when the case proceeds on and nears the hearing date. So, stay tuned for more updates from our lawyers and the Court, which will be posted here in this thread (Federal Skilled Worker Class Action Lawsuit) by members like me. :)
 

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
Here is Tim Leahy's latest (15 May 2015) email with the subject line "September 2nd hearing".

Good Day,

The Court has set September 2nd as the day our skilled worker mandamus proceeding will be heard. We do not, however, yet know whether Justice Campbell will be presiding. Ordinarily, the name of the judge is not released until two weeks before the hearing.

Regards,

Tim
 

IMRANKHANJADOON

Full Member
Aug 3, 2013
20
1
IT WAS SO LATE CAME INTO MY NOTICE THAT PEOPLE LODGED CASE IN BOTH CANADIAN COURTS I CONTACT TIM TO ENLISTED ME BUT HE SAID RIGHT NOW ITS NOT POSSIBLE .
COULD YOU TELL ME ANSWER BELOW PARA
A
At the new hearing on September 02,2015, the litigants will be seeking the Court to order CIC to honour
the February 2012 Agreement and process their files. If the Court accepts its responsibility to
order CIC to honour its promise to the Court, the decision will affect only the 1,300 litigants.
However, if the Court rules instead that CIC may lie to it with impunity, it will have to
address the second issue: whether the closing of their files was unlawful. The argument Mr.
Leahy formulated, the counsel in the so-called class-action litigation, Tabingo, ignored. Thus, the
dismissal of the Tabingo litigation may not lawfully affect theunfairCIC.com litigation group. In
addition, an argument which Rocco Galati made in Tabingo but which Justice Rennie chose not
to address, will also be front and centre. If the litigants prevail on any of these issues, all the
closed skilled worker files will be resuscitated, opening the door to Canada to 200,000 people
who entered the immigration queue between 2004 and February 2008.
B

IF THE FEDERAL COURT ORDER CIC TO HONOUR
THE FEBRUARY 2012 AGREEMENT AND PROCESS THEIR FILES. IF THE COURT ACCEPTS ITS RESPONSIBILITY TO ORDER CIC TO HONOUR ITS PROMISE TO THE COURT, THE DECISION WILL AFFECT ONLY THE 1,300 LITIGANTS.

AT THIS STAGE WHAT SHOULD WE DO WHO DON,T HAVE CASES IN EITHER COURTS.

PLEASE ACKNOWLEDGED AT THE EARLIEST.


REGARDS
IMRAN KHAN JADOON
imrankhanjadoonca@hotmail.com
+92-333-5047556
 

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
IMRANKHANJADOON said:
SIR
YOU ARE THE PILOT OF THIS VOYAGE ,EVERY BODY DEPENDING UPON YOU ,GOD BLESS YOU AND SUCCESS
REGARDS
IMRAN KHAN JADOON
Dear Imran Khan Jadoon,
Thanks for sending me the same above 2 messages as a Personal Message to my Inbox. My answer is the same as in my previous posting. "I believe more clarity will come in as and when the case proceeds on and nears the hearing date of 2 September 2015. So, stay tuned for more updates from our lawyers and the Court, which will be posted here in this thread (Federal Skilled Worker Class Action Lawsuit) by members like me." You will have to wait for things to pan out. I am sorry for not being able to give you a definite answer. In spite of me being a litigant myself, I am not sure of what is in store for me as this lawsuit is dragging on and on for quite long time with no guarantee of an imminent light at the end of the tunnel. But, we should never lose hope and we should never stop praying. :)

"Hope is being able to see that there is light despite all of the darkness." -- Desmond Tutu
"We must accept finite disappointment, but never lose infinite hope." -- Martin Luther King, Jr.
"When every hope is gone, 'when helpers fail and comforts flee,' I find that help arrives somehow, from I know not where. Supplication, worship, prayer are no superstition; they are acts more real than the acts of eating, drinking, sitting or walking. It is no exaggeration to say that they alone are real, all else is unreal." -- Mahatma Gandhi
"Everything that is done in the world is done by hope." -- Martin Luther King, Jr.
 

Jergens

Full Member
Mar 20, 2015
31
1
I am an FSW 2014 applicant and I have received the medical request yesterday. I am the main applicant and i am in United Kingdom now and my dependents (wife and child )are in India. So I would like to know is it necessary to do medical test from the same place or can we do it separately in India and UK. whether doing medical in different places can affect the processing of application?
 

anwaraziz123

Full Member
Jan 31, 2013
36
0
Jergens said:
I am an FSW 2014 applicant and I have received the medical request yesterday. I am the main applicant and i am in United Kingdom now and my dependents (wife and child )are in India. So I would like to know is it necessary to do medical test from the same place or can we do it separately in India and UK. whether doing medical in different places can affect the processing of application?
No harm in doing medical at two different places/countries.
 

moutaouakilhamid

Full Member
May 25, 2015
31
1
admin said:
SOURCE:
http://www.cicnews.com/2012/07/case-federal-skilled-worker-backlog-reduction-071663.html

BRIEF SUMMARY FROM ARTICLE ABOVE:
Recent changes to Canada's immigration legislation have called for the closure of Federal Skilled Worker (FSW) files submitted before February 28, 2008. Many who applied before this date have been confused and upset by this decision, and want to know what they can do to fight it.

If you submitted an application to the FSW program before February 28, 2008, and a selection decision on your application was not made by March 29, 2012, you can add your name to the list of applicants challenging the government's decision. Attorney David Cohen is acting as co-counsel in the effort to prevent Citizenship and Immigration Canada from terminating pre-February 2008 applications. He is currently representing approximately 200 applicants.

The more applicants who are willing to take a stand against the decision, the stronger message they will send to the Canadian government in court. You can take a stand now by clicking the link below and by paying a one-time deposit of USD $500:

CLICK BELOW TO CHALLENGE THE GOVERNMENT'S DECISION
https://www.canadavisa.com/static/online/classaction/
 

PMM

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


1. You realize that the Federal Court has already ruled on the class action suit? The source you quote is over 3 years old.
 

rubensingh

Full Member
Apr 29, 2014
26
2
Seniors please help !!

>>Got DM(4th line update) on May 6 ,2015 for me(Primary applicant) and my wife.
>>notified VO through email about my newborn baby.
>>email acknowledged by VO with info on how to add the newborn to the application and the supported docs required plus additional fees.
>>DM Status changed back to In-Process but the 4th line continued to show in description.
>>Submitted newborns PP copy and BirthCertificate with additional docs plus fee on June 10, 2015. Also added the updated copy of my new PP issued recently.
>>Waiting for MR for newborn and final PPR for all 3 of us.

Any suggestion or advise at this time taken would be helpful.
Do i need to go for GCMS at this stage or wait patiently ?