加拿大华人论坛 加拿大留学移民ACT NOW! Lawsuit is the only way out

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Time is too short with us. Act fast if you are still wondering the class-action with LW. Just a friendly reminder: Tim's case is a separate issue and around 900 applicants' fate only be visible once the deadline comes. Please don't mix it up with the class-action. If you ask my point of view, I would recommend LW as he is the lead for the class action. Good luck to all.

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回复: ACT NOW! Lawsuit is the only way outClass-action suit delays federal government plan to destroy applicationsLawyers win 90-day reprieve from omnibus billBy Tobi Cohen, Postmedia News June 29, 2012 A plan to return $130 million in fees and toss out 280,000 applications from would-be immigrants - part of the omnibus budget bill that's poised to become law late today - is on hold for at least three months, according to lawyers planning to challenge the move in court.For several weeks, a legal battle has been brewing as lawyers across the country prepare to launch a class-action lawsuit aimed at reversing the decision to stop processing federal skilled worker applications received before February 2008.That's when laws were changed to give Immigration Minister Jason Kenney more power to determine eligibility.A handful of lawyers, who between them represent about 700 applicants, say they successfully negotiated a 90-day reprieve with the federal government that would give them time to file their applications in Federal Court.In that time, Citizenship and Immigration will not destroy files or offer applicants refunds, even though the bill allowing them to do so will have passed.A spokeswoman for Kenney was more vague. Alexis Pavlich said the government looks forward to Bill C-38 coming into force "as scheduled" and that there are "no plans to change the timeline" for processing refunds and eliminating the backlog."This process of refunds and back-log elimination will unfold over many months once Bill C-38 becomes law," she said in an email. "This lawsuit will not affect that process."Had they not received a reprieve, lawyers were prepared to head to court on the first business day after the bill received royal assent - probably Tuesday - to seek an injunction to temporary stop the department from proceeding."Our intent is to prevent the government from implementing the legislation to terminate all the files," said Lorne Waldman, a Toronto lawyer who brought forward a similar challenge back in 2003 that ended with Ottawa agreeing to process the visas and cover about $3 million in legal fees.Waldman admits the situation is a little different this time as the government has sought to eliminate the backlog through an amendment to legislation approved by Parliament rather than through a regulation that simply changed eligibility criteria.While he understands officials have tried hard to ensure its plan would not be subject to a court battle, it will be up to a judge to decide whether there are legal grounds to challenge the decision."I think there are problems. I think there are flaws and I think there are legal arguments why this particular bill, as it's drafted, does not in fact achieve what the government wants it to," Waldman said, adding he's reluctant to get into exactly what those legal arguments are before the bill has passed."The legislation, as it's currently drafted, shouldn't be interpreted in a fashion that is to terminate the backlog."Toronto lawyer Mario Bellissimo, who represents about 200 litigants, called the legislation "ill-advised." He asked "why now?" when the government has been boasting about how successful it's been at cutting, by more than half, the skilled worker backlog that stood at about 600,000 when the Conservatives first took office.Noting just six per cent of pre-February 2008 applicants were contacted when the eligibility criteria changed to see if they wished to withdraw their applications and reapply under the new, expedited rules, Bellissimo argued the government could have done more to inform the group of their options four years ago. It might have reduced the backlog then as well as the heartache applicants are facing now, he suggested.© Copyright (c) The Vancouver SunRead more: http://www.vancouversun.com/news/Cl...applications/6860986/story.html#ixzz1zO1ZteXL​

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回复: ACT NOW! Lawsuit is the only way outhttp://www.cic.gc.ca/english/resources/manuals/bulletins/2012/ob442.aspOperational Bulletin 442 - June 29, 2012Cessation of Processing and Return of Fees for Certain Federal Skilled Worker Applications Federal Court challenge to section 87.4 of IRPAThe amendments contained in section 87.4 of the IRPA terminating FSW applications are subject to litigation. The result of that litigation could affect how the terminated FSW applications are handled in the future. Further information will be provided as the litigation progresses.

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回复: ACT NOW! Lawsuit is the only way outLawyers Successfully Delay Backlog ReductionA group of lawyers have successfully negotiated a 90-day halt on a government plan to return some 280,000 Federal Skilled Worker (FSW) applications and $130 million in associated processing fees.On March 29, 2012, it was announced that Citizenship and Immigration Canada (CIC) would be returning FSW applications that were submitted before February 2008. This action was taken in an effort to reduce a backlog in applications that was resulting in lengthy processing times. The proposal to do so was included in Bill C-38, which encompasses the Canadian budget for the upcoming fiscal year.The 90-day halt means that CIC will not be able to return or destroy applications, nor will they be able to initiate the issuance of refunds to applicants. In the meantime, negotiations between lawyers and government officials are said to be continuing, as further details of the case are discussed. Some expect that this is the beginning of a possible class-action lawsuit, which will attempt to reverse the decision in its entirety.A spokesperson for Citizenship and Immigration Minister Jason Kenney, speaking to the Montreal Gazette, did not indicate that this temporary hold would change the government’s course of action. The spokesperson stated that “this process of refunds and backlog elimination will unfold over many months once Bill-C38 becomes law. This lawsuit will not affect that process.”Applications received before 2008 were chosen to be returned for a variety of reasons. Most importantly, eligibility criteria for the FSW program have changed significantly since that time. Therefore, many individuals who applied under old criteria may now be ineligible for immigration to Canada through the FSW. However, the Gazette noted that only 6 percent of pre-February 2008 applicants were notified of eligibility changes and offered the opportunity to withdraw their applications and reapply under the new rules.The lawyers representing disgruntled applicants feel that the government’s actions should be accounted for legally. “I feel strongly that abandoning the applications of some 280,000 individuals who applied in good faith and waited patiently all these years is both morally and ethically wrong,” said Attorney David Cohen, who is representing 200 litigants. “The question is whether it also legally wrong. For the answer to that, they are entitled to their day in court." CIC news will be closely covering the ongoing legal developments of this case. Stay tuned for important announcements as they unfold.

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回复: ACT NOW! Lawsuit is the only way outImmigration Minister puts brakes on popular skilled labour programs until 2013Bill Graveland The Canadian PressPublished Thursday, Jun. 28 2012, 6:47 PM EDTLast updated Thursday, Jun. 28 2012, 6:52 PM EDT Federal Immigration Minister Jason Kenney says it’s time to hit the “reset button” and temporarily put the brakes on new applications under two programs popular with skilled workers wanting to come to Canada from abroad.Kenney told a business audience Thursday that the government is placing a six-month moratorium on the Federal Skilled Worker Program and the Immigrant Investor Program.“Effective next week we will be issuing a temporary pause on new applications for the federal skilled worker program,” Kenney said in a speech to a C.D. Howe immigration conference.“This is a way to ensure that improvements to the program have time to be put in place which will give new applicants the opportunity to be even more positioned to succeed in Canada.”Applications for both programs had been scheduled to reopen Sunday.Kenney was quick to say after his speech that the move will not mean a drop in the number of immigrants coming to Canada.“This is all about getting to a faster system. The only way we can get to a faster system, which can better connect immigrants with the jobs that are available and so they have higher levels of employment and better incomes, is to get rid of the backlog.”In this year’s budget Ottawa announced plans to legislate away a backlog of 280,000 applications made under the skilled worker program before 2008. The government said it’s a necessary part of modernizing the immigration system.Even after removing all those applications, there are plenty of others still waiting, Kenney said.“We still have 110,000 people waiting there. Why put more people at the back of that queue especially right now when we’re returning 300,000 people’s applications? There’s just no point in any longer stockpiling people in the back of a backlog,” he said.“This is the last part of our backlog elimination strategy. As a result of this six-month pause, we will by next year have a very fast system.”The Immigrant Investor Program backlog stands at about 25,000 cases. It has come under scrutiny for allowing people to essentially buy their way into Canada without long-term benefit to the Canadian economy.Kenney had already announced plans to overhaul the investor program and his intention is to consult with stakeholders, the provinces and territories on how best to reform it.“We’re not reducing the number of immigrants. We’re just reducing the number of immigrants going into a queue.”Kenney acknowledged that some applicants will be unhappy about the delay, but he suggested they should hold on to their applications and reapply Jan. 1.

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