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LATEST CAIPS NOTE UPDATE FOR PRE JUNE 2008 WHOSE FILE GOT REJECTED BY LAW

kau_shik_patel

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LATEST CAIPS NOTES
 

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13-04-2016
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25-04-2016
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20-07-2016
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Already Submitted
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19-08-2016
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16-12-2016
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28-12-2016
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From Tim:

DoJ has offered a 300-day processing time to those pre-27 February 2008 files which had been assessed before 29 March 2012. For those not assessed or those who are MI 1, they are refusing to do anything.

Regards,

Tim
 

kau_shik_patel

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24-09-2015
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13-04-2016
Nomination.....
25-04-2016
AOR Received.
20-07-2016
IELTS Request
Already Submitted
File Transfer...
19-08-2016
Med's Request
16-12-2016
Med's Done....
28-12-2016
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00-00-2017
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14-03-2017
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New Developments in Federal Court Class Action Suit

November, 2012

There have been important new developments in the legal case against Citizenship and Immigration Canada (CIC), which challenges their plan to terminate most Federal Skilled Worker applications submitted prior to February 27, 2008. These new developments appear to be technical in nature and should not affect the outcome of the case, one way or the other.

Lawyers for the applicants were scheduled to make preliminary arguments in a Class Action case in Federal Court on November 23, 2012. If they would have succeeded in their preliminary arguments, the Court then would have scheduled a future date for next steps in the Class Action Suit and that future date likely would have been months from now.

Instead, all participating lawyers will proceed by way of “test cases”. The Court has made dates available (January 14th through January 16th, 2013) in Toronto, during which time lawyers, including Attorney David Cohen and Mario D. Bellissimo, will have the opportunity to present arguments. This will allow applicants to have “their day in court” much sooner than if lawyers had proceeded by way of a Class Action.

A test case is different from a Class Action in the following way. In a test case, a lawyer has the chance to present arguments on behalf of a single client. The decision the Court renders in the test case will apply not only to that client, but to other clients represented by the lawyer in the same circumstances.

The thrust of the argument that will be presented by Attorneys Cohen and Bellissimo is that the intended action of CIC (termination of the applications) is unconstitutional on the grounds that it is discriminatory against individuals based on their country of origin (Section 15 of the Canadian Charter of Rights and Freedoms). If the Court decides in their favor then the law empowering CIC to terminate the applications will be struck down. This outcome would apply not only to the test case but to all of the other clients the attorneys represent in this matter as well.

In anticipation of having the test case heard by the Court in mid-January, 2013, lawyers for the applicants have adjourned (not withdrawn) their Class Action case. According to Attorney David Cohen, “If, for any reason, CIC takes any action to begin terminating applications before there is a decision on our test case, we would go back to the Court on the Class Action case and ask for an Order that would require CIC to refrain from destroying the integrity of the Class.”

A pre-hearing conference is likely to take place during the week of December 10th, 2012.

Individuals who submitted their Federal Skilled Worker applications prior to February 27th, 2008 may still retain the representation of Attorneys Cohen and Bellissimo. If you are one of these individuals, click here to make your voice heard.
 

kau_shik_patel

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Latest Entry in IMM-7502-11

Oral directions of the presiding judge dated 23-NOV-2012 directing "The parties are to provide the Court with mutual dates of availability by Friday, November 30, 2012 for an in person Pre-Hearing Conference during the week of December 10, 2012 (except for December 12) or December 17, 2012." received on 23-NOV-2012 Confirmed in writing to the party(ies)
 

kau_shik_patel

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24-09-2015
Doc's Request.
13-04-2016
Nomination.....
25-04-2016
AOR Received.
20-07-2016
IELTS Request
Already Submitted
File Transfer...
19-08-2016
Med's Request
16-12-2016
Med's Done....
28-12-2016
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This entry is present in the cases filed by all 9 lawyers.
 

kau_shik_patel

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13-04-2016
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25-04-2016
AOR Received.
20-07-2016
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Already Submitted
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19-08-2016
Med's Request
16-12-2016
Med's Done....
28-12-2016
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Today my friend received CAIPS notes ...there is a phrase

Termination has placed sent to FV Ottawa on 06 Nov 2012

ohhhhhh !!!!!!!!!!!! bad news

he has filed application on 21-06-2005 and has not received updated documents in 2008-09.
 

kau_shik_patel

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Nov 10, 2012
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SASKATCHEWAN - NDVO
NOC Code......
2281/2282
Job Offer........
Pre-Assessed..
App. Filed.......
24-09-2015
Doc's Request.
13-04-2016
Nomination.....
25-04-2016
AOR Received.
20-07-2016
IELTS Request
Already Submitted
File Transfer...
19-08-2016
Med's Request
16-12-2016
Med's Done....
28-12-2016
Interview........
00-00-2017
Passport Req..
14-03-2017
VISA ISSUED...
00-00-2017
LANDED..........
00-00-2017
Dear Sir/Madam, form London Office

This is in response to your query of 01 October, 2012.

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. No further action should be taken on your part. You will be contacted regarding next steps at a later date.

For more information on the Jobs, Growth and Long-term Prosperity Act please refer to the Citizenship and Immigration website at:

The medical papers were sent to you on 04 October 2012. Please do not go ahead with your medical examinations, or collect police certificates.

I sent them another mail asking for clarifications:

They confirmed their decision that my eligibility was determined only on 30th May 2012 so my application was terminated.[/color]

Please enlighten me. Thank you in advance for your explanation.
 

kau_shik_patel

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Nov 10, 2012
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24-09-2015
Doc's Request.
13-04-2016
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25-04-2016
AOR Received.
20-07-2016
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CHC Newdelhi even don't give this kind of reply what has happen to your case. you are lucky that chc london has told you about it & chc newdelhi is keeping indian applicant in dark.
 

kau_shik_patel

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13-04-2016
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25-04-2016
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20-07-2016
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Already Submitted
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19-08-2016
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16-12-2016
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to all those who have updated thier documents in late 2008 & early 2009. its seem dark in CHC new delhi
 

kau_shik_patel

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13-04-2016
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25-04-2016
AOR Received.
20-07-2016
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Already Submitted
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19-08-2016
Med's Request
16-12-2016
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IMM-5635-12
2012-11-27
Certified copy of the record sent by Embassy of Canada, Philippines on 21-NOV-2012 pursuant to the order of the Court Received on 27-NOV-2012

IMM-8747-12
2012-11-27
Certified copy of the record sent by Embassy of Canada, Beijing China on 27-NOV-2012 pursuant to the order of the Court Received on 27-NOV-2012

IMM-8669-12
2012-11-26
Letter from Applicant dated 26-NOV-2012 Requesting IMM-11796-12 be placed with this group of litigants received on 26-NOV-2012
 

kau_shik_patel

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Latest News

Federal Skilled Worker Program (FSW) may remains closed till Spring 2013 for new applications.
 

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13-04-2016
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Citizenship and Immigration Canada to Re-Consider Refugee Case after Court Decision

November 27, 2012

Canadian Federal Court judge has ordered Citizenship and Immigration Canada (CIC) to review the case of Benhmuda family from Libya that was deported back to their country of origin four years ago. The judge ordered that the application to be sent to a different visa post for reassessment within 90 days. The Libyan family arrived in Canada in year 2000 and was deported back in 2008. The family was able to flee to Malta after father was released from prison in Libya. UN High Commission for Refugees (UNHCR) assessed them as legitimate refugees; however, the visa officer in Rome rejected the application. Judge has ruled that visa officer's decision was biased.
...

The Federal Court Judge Mary Gleason has ruled that decision of visa officials at the Canadian visa post in Rome was biased when assessing the application of the Libyan family to return to Canada.

Judge Mary Gleason instructed the Canadian immigration and citizenship officials to transfer the case within 90 days for assessment to a different Canadian visa post abroad.

“Officer Beaulieu additionally ignored the fact that the family was relying on circumstances that had not been considered,” said the Judge, “including the incarceration and torture of Mr. Benhmuda by the Libyan authorities.”

The Judge wrote in the decision, “The analysis also fails to discuss the applicants' request for [humanitarian] consideration, the situation in Malta, the family's ties to Canada and the children's best interests.”

The spokesperson for Canadian Immigration and Citizenship Minister Jason Kenney has said that CIC will comply with the court's decision and send the case to a different visa officer. “Citizenship and Immigration Canada,” said the spokesperson, “will of course comply with the ruling. Instructions have been sent to a different visa office as ordered by the court.”

Benhmuda family's lawyer Brouwer has called the decision strong and decisive.

Benhmuda arrived in Canada in 2000 along with his family members. They were deported back to Libya in 2008. The family was able to flee to Malta once Benhmuda was released from prison in Libya and had applied to return back to Canada after UNHCR has assessed them as legitimate refugees.
 

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Canada should boost immigration levels starting 2014: report

By Tobi Cohen, Postmedia News, November 28, 2012

Immigration Minister Jason Kenney has yet to release his provincial immigration targets for next year, but has suggested they're unlikely to change.

OTTAWA — After seven years of stagnating numbers, Canada should start boosting immigration levels starting in 2014, according to an internal government review obtained by Postmedia News.

The study, dubbed a “Literature review and expert advice to inform Canada's immigration levels planning,” suggests immigration levels should begin increasing six per cent a year to approximately 337,000 in 2018, after which levels should plateau until 2021, the end of the review period.

According to the report, the short-term boost is needed to balance the labour market and is based on economic projections that take into account things like unemployment rates.

Since 2007, annual intake targets have been frozen at about 253,000.

The report also seems to kibosh hopes the provinces have for growing the provincial nominee program. The program allows provinces and territories to choose immigrants to fill short and medium-term, local labour market needs and most often attracts skilled tradespeople and college graduates.

Each province is allotted a certain number of spaces under the program, however, Canadian premiers last week called on the federal government to hand over more control over immigration while regional immigration ministers have been pleading for an increase in their allotment. Immigration Minister Jason Kenney has yet to release his provincial targets for next year, but has suggested they're unlikely to change.

Noting the provincial nominee program has grown at the expense of the federal skilled worker program and now accounts for about a quarter of all economic immigrants admitted into Canada, the report suggests “it is not immediately apparent that a further shift is needed.

“A guiding principle should be that immigration is essentially a means for addressing long-term human resources needs rather than short or medium-term needs,” the report says.

“Consequently, meeting longer-term human resources requirements should be given significantly greater weight than responding to short-to-medium term needs.”

As such, the report recommends “no further reductions” to the federal skilled worker program which it says has become more “responsive” to both Canada's medium and long-term economic needs.

The report also recommends the share of economic immigrants remain stable at about 63 per cent of all immigrants, which includes those who come to Canada as refugees and through the family stream.

While the government has announced plans to allow employers to cherrypick from the immigrant pool, the report suggests a review of Australia's immigration system, which Canadian authorities often look to, does not necessarily support “arguments for greater reliance on employment offers” as a means of guaranteeing immigrant success.

The report also highlights a number of “research gaps” that “should be of concern to policy-makers.”

Noting the number of temporary foreign workers (TFWs) in Canada has tripled to more than 300,000 in the last decade, the report raises questions about whether some more educated temporary workers may be usurping jobs that could be had by recent immigrants, thereby stunting their economic integration.

Or, the report suggests, recent immigrants may not have the necessary skills or the desire to move to a particular geographic area, leaving employers no choice but to hire temporary foreign workers.

“The increase in the number of TFWs could also indicate that immigration levels are insufficient to meet the economy's human resources needs,” says the report.

“In any event, more should be known about the factors that lead employers to hire TFWs and the subsequent employment patterns of TFWs once they are in Canada.”

The report also highlights the need for Canada to get a better handle on the number of illegal immigrants who may be living in the country, noting it's a phenomenon that's “been studied primarily in the U.S. context.”

It presumes the sharp rise in the number of temporary foreign workers has “increased Canada's vulnerability to persons who over stay the period allowed by their temporary work permit.”

The report also recommends further research into what factors might impede economic and social integration as well as a comparison of the economic performance and contributions made by immigrants who come to Canada under the federal skilled worker program versus those who come through the provincial nominee program.

The report was prepared for the federal, provincial and territorial assistant deputy ministers responsible for immigration in August. The details of the report were shared during a recent closed-door meeting between Kenney and his provincial and territorial counterparts in Toronto.

The report is likely to influence future federal and provincial immigration policy.

© Copyright (c) Postmedia News

http://www.canada.com/Canada+should+boost+immigration+levels+starting+2014+report/7623946/story.html
 

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Immigration Application Backlog: Would-Be Newcomers Take Feds To Court After Applications Returned

By Stephanie Levitz, The Canadian Press
Posted: 05/16/2012 5:18 pm Updated: 05/18/2012 8:09 am

OTTAWA - Would-be immigrants are taking the federal government to court over its decision to return their applications.

They're angry about the Conservatives' move to legislate away a backlog of some 280,000 applications created before 2008.

The government announced the decision in its March budget, saying it's a necessary part of modernizing the immigration system.

But Toronto lawyer Lorne Waldman said he was immediately flooded with emails by people who were furious about the changes.

They'd followed all the steps they were told to take in order to come to Canada, he said, only to be pushed aside.

"The irony of that is this is a government that's constantly telling us that people shouldn't jump the queue," he said.

"We have all these people who went into the queue, paid their money, followed the law ... and now the government is saying it's too bad because we changed our mind."

Waldman is now representing at least 40 people who are challenging the decision to eliminate the backlog and want to force the government to process their application.

He expects more to join.

The government has said those who are having their application and related fees returned can re-apply under new criteria established for the skilled worker program in the last few years.

In addition to legal action, the pledge to eliminate the backlog has sparked the creation of a Facebook group and small protests in India, Pakistan and China.

A spokesman for Immigration Minister Jason Kenney said government is committed to creating a fast and flexible immigration system.

"The government is confident that the provisions in Bill C-38 to eliminate the federal skilled worker backlog will withstand any legal challenge," Alexis Pavlich said in an email.

But the government's efforts to deal with the backlog have crumbled in the face of legal challenges before.

A decade ago, Waldman was part of a legal team that successfully challenged the government's attempts to regulate the backlog away by applying retroactive changes to the points system.

The current effort to get rid of the backlog is included in the omnibus budget bill, Bill C-38, which the government is aiming to pass in June.

As it is unlikely a court could hear the immigration cases before then, Waldman says he expects to ask the court rule that the government must keep their files open until the cases can be heard.

The seven-year backlog represents people who applied to get into Canada before Immigration Minister Jason Kenney rejigged the federal skilled worker program to fast-track applications from people the government felt could fill holes in Canada's economy.

The length of time it was taking to process the backlogged applications is the subject of another lawsuit involving over 700 people from around the world.

A hearing for that case has been set for June 5.

http://www.huffingtonpost.ca/2012/05/16/immigration-backlog-court-challenge_n_1522513.html