lubob
Hero Member
- Jul 17, 2010
- 72
- NOC Code......
- [IMG]http://www.crossed-flag-pins.com/genimg/flaggen/Canada-180-animated-flag-gifs.gif[/IMG]
- LANDED..........
- PCC at ease : http://www.passportindia.gov.in/AppOnlineProject/welcomeLink
Any one interested in suing CIC for delaying our applications. here is the link and procedure from a Lawyer TIM LEAHY : Thank you for asking. I will be substantially reducing the fee from what I
ordinarily charge based upon the number of people who participate. I've
provisionally set it at either $750 to participate and an additional $750
if CIC agrees to, or is ordered to, assess your file within a specified
time-frame; or alternatively, $550/$1,000. (The Court filing fees are $52.)
Half the initial payment would be made when we start; the other half when
the litigation is lodged. However, the fee will turn on how many
participate.
There will be two cases per client. The first, requiring permission from
the court to proceed, is for an order compelling CIC to assess the file
within a specified time-frame. The second, which does not require
permission, is for the wages the applicant (and spouse) would have earned
in Canada had CIC issued the visa(s) when initially promised.
Within thirty days of the filing of the second case, I expect CIC to ask
the Court to dismiss the action. If the Court refuses to do so -- and
enough applicants participate -- I would expect CIC to offer to settle.
Generally, settlement means withdrawal of the litigation without costs in
exchange for processing of the file. Thus, the lost income may never be
recovered but, if not, it would mean that the visa application would be
dusted, assigned to an officer, reviewed and finalized within a reasonable
time-frame.
The procedure for the mandamus case is for the applicant to submit an
affidavit and for the lawyers to argue in Court. There would be no
witnesses. For the damage award, there could be witnesses, but I do not
expect that matter ever to reach that stage; rather, CIC will settle either
after we win the first case or will settle both even before then.
The information I would need for the affidavit is:
a. full legal name;
b. file number;
c. visa-post;
d. date visa-post received file (see receipt);
e. date AoR estimated processing would commence or end;
f. intended occupation(s) of applicant and spouse (see Schedule 1 for
each) and
g. province indentified on IMM8 as destination.
If there is no settlement, it would ordinarily take nine months to a year
to obtain a decision from the Federal Court. However, if enough people
participate, I would expect the litigation to be case-managed and expedited
as it was when I initiated litigation in 2002 to prevent Immigration from
applying only new selection criteria in case lodged before those criteria
had been proposed. In that case, the Court ordered CIC to interview within
six weeks the 100 clients who had applied before the new criteria had been
posited. (Seven months later, the Minister settled the litigation which
followed mine and, shortly thereafter he exchanged the immigration
portfolio for position of the junior minister for sports.) I would not
expect, however, such a quick time-frame being imposed in this litigation.
If you wish to proceed, please email me directly at: TEL@myForefront.com.
http://www.linkedin.com/groupAnswers?viewQuestionAndAnswers=&discussionID=54446245&gid=2932885&commentID=43132041&goback=%2Egmp_2932885%2Egde_2932885_member_59332792&trk=NUS_DISC_Q-subject#commentID_43132041
ordinarily charge based upon the number of people who participate. I've
provisionally set it at either $750 to participate and an additional $750
if CIC agrees to, or is ordered to, assess your file within a specified
time-frame; or alternatively, $550/$1,000. (The Court filing fees are $52.)
Half the initial payment would be made when we start; the other half when
the litigation is lodged. However, the fee will turn on how many
participate.
There will be two cases per client. The first, requiring permission from
the court to proceed, is for an order compelling CIC to assess the file
within a specified time-frame. The second, which does not require
permission, is for the wages the applicant (and spouse) would have earned
in Canada had CIC issued the visa(s) when initially promised.
Within thirty days of the filing of the second case, I expect CIC to ask
the Court to dismiss the action. If the Court refuses to do so -- and
enough applicants participate -- I would expect CIC to offer to settle.
Generally, settlement means withdrawal of the litigation without costs in
exchange for processing of the file. Thus, the lost income may never be
recovered but, if not, it would mean that the visa application would be
dusted, assigned to an officer, reviewed and finalized within a reasonable
time-frame.
The procedure for the mandamus case is for the applicant to submit an
affidavit and for the lawyers to argue in Court. There would be no
witnesses. For the damage award, there could be witnesses, but I do not
expect that matter ever to reach that stage; rather, CIC will settle either
after we win the first case or will settle both even before then.
The information I would need for the affidavit is:
a. full legal name;
b. file number;
c. visa-post;
d. date visa-post received file (see receipt);
e. date AoR estimated processing would commence or end;
f. intended occupation(s) of applicant and spouse (see Schedule 1 for
each) and
g. province indentified on IMM8 as destination.
If there is no settlement, it would ordinarily take nine months to a year
to obtain a decision from the Federal Court. However, if enough people
participate, I would expect the litigation to be case-managed and expedited
as it was when I initiated litigation in 2002 to prevent Immigration from
applying only new selection criteria in case lodged before those criteria
had been proposed. In that case, the Court ordered CIC to interview within
six weeks the 100 clients who had applied before the new criteria had been
posited. (Seven months later, the Minister settled the litigation which
followed mine and, shortly thereafter he exchanged the immigration
portfolio for position of the junior minister for sports.) I would not
expect, however, such a quick time-frame being imposed in this litigation.
If you wish to proceed, please email me directly at: TEL@myForefront.com.
http://www.linkedin.com/groupAnswers?viewQuestionAndAnswers=&discussionID=54446245&gid=2932885&commentID=43132041&goback=%2Egmp_2932885%2Egde_2932885_member_59332792&trk=NUS_DISC_Q-subject#commentID_43132041
