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Unfair CIC - Litigation website ???

Unfair CIC - Litigation website ???

Old Oct 31st 2011, 10:44 pm
  #1  
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Default Unfair CIC - Litigation website ???

Is anyone else aware of this Skilled Worker Processing Litigation action that is supposedly happening? Picked this up from Linked In.

I'm just copying the post that I saw from this website:

'Litigation has been launched against CIC's refusal to assess skilled worker applications submitted before 26 June 2010. So far 155 applications have been filed at the Federal Court of Canada and another 130 will be filed within two weeks. The litigation seeks an order from the Court compelling CIC to assess the litigants' files within a specified time-frame and includes two category of applicants; viz., those who had before CIC imposed its queue-jumping processing procedure on 27 February 2008 and those who applied after that date but before 26 June 2010 and whose files were not processed in the one-year period CIC had promised.

Any court order arising from this litigation will only be binding on the skilled worker files of the litigants themselves. Further details about the litigation may be found at: unfairCIC.com'.

Do you think this is genuine?
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Old Nov 1st 2011, 12:05 am
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Default Re: Unfair CIC - Litigation website ???

Originally Posted by julievonz
Is anyone else aware of this Skilled Worker Processing Litigation action that is supposedly happening? Picked this up from Linked In.

I'm just copying the post that I saw from this website:

'Litigation has been launched against CIC's refusal to assess skilled worker applications submitted before 26 June 2010. So far 155 applications have been filed at the Federal Court of Canada and another 130 will be filed within two weeks. The litigation seeks an order from the Court compelling CIC to assess the litigants' files within a specified time-frame and includes two category of applicants; viz., those who had before CIC imposed its queue-jumping processing procedure on 27 February 2008 and those who applied after that date but before 26 June 2010 and whose files were not processed in the one-year period CIC had promised.

Any court order arising from this litigation will only be binding on the skilled worker files of the litigants themselves. Further details about the litigation may be found at: unfairCIC.com'.

Do you think this is genuine?
Yes I think it is. I recall a guy called (I think) Tim Leahy mentioning that he was bringing action against CIC.
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Old Nov 1st 2011, 7:06 am
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Default Re: Unfair CIC - Litigation website ???

Hi

Originally Posted by AmyDavid
Yes I think it is. I recall a guy called (I think) Tim Leahy mentioning that he was bringing action against CIC.
Yes he has a web site up about it. I think that he is charging each applicant $500 for the preliminary application for Mandamus. ABHINAV is another company trying for Mandamus as well for the application, they want $1100 as as ***** is jumping on the band wagon as well.
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Old Nov 7th 2011, 1:36 am
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Default Re: Unfair CIC - Litigation website ???

http://unfaircic.com/issues1.html

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Old Nov 7th 2011, 2:05 am
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Default Re: Unfair CIC - Litigation website ???

I know people can have a genuine grievance, but I can't help like things like this are like flogging a dead horse when at the end of the day you have no God given right to be granted a PR, not matter how 'eligible' you seem.

I know they seem pissed at decisions, and I probably would be if the same happened to my application (when it goes in), but immigration is about the economic needs of the country in question, not the individual, and if they win this action, it will probably just grind the whole system to a complete halt until they assess what to do.

Ho, hum.
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Old Nov 7th 2011, 2:12 am
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Default Re: Unfair CIC - Litigation website ???

One thing that baffles me about this... do they really use a LIFO system for some such applications? This seems very strange and destined to have problems. In what way does it seem fair and even logical to process applications in the reverse order that you receive them...?

Maybe I am confused about the specifics of the policy and these particular applications, but the whole thing seems designed to fail at some level.
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Old Nov 7th 2011, 5:10 am
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Default Re: Unfair CIC - Litigation website ???

HI

Originally Posted by Moondoggy
One thing that baffles me about this... do they really use a LIFO system for some such applications? This seems very strange and destined to have problems. In what way does it seem fair and even logical to process applications in the reverse order that you receive them...?

Maybe I am confused about the specifics of the policy and these particular applications, but the whole thing seems designed to fail at some level.
Applications received under the Ministerial Instructions after 28/11/08 received priority. These are the ones that qualified under "lists" where there is a perceived shortage of workers in these occupations. Those prior are looked at FIFO only if there is any quota left in the year.
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Old Nov 7th 2011, 9:16 am
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Default Re: Unfair CIC - Litigation website ???

Originally Posted by Moondoggy
One thing that baffles me about this... do they really use a LIFO system for some such applications? This seems very strange and destined to have problems. In what way does it seem fair and even logical to process applications in the reverse order that you receive them...?

Maybe I am confused about the specifics of the policy and these particular applications, but the whole thing seems designed to fail at some level.
Why?

For the point in my last post: For the needs of the country.

If the Canada suddenly decides it needs 50,000 car mechanics or the economy is going to fail, then they'll change the rules and give them priority above all else.

It's part politics and from a Canadian point of view, logical. Take in only the skilled applicants Canada needs and in the order of priority it needs it. That can suck for the individual who isn't a car mechanic (in my hypothetical case), but it's reality.

If the UK was flush with software engineers and they we're filling up the dole queues, the government would face a public backlash if they suddenly declared that non EU software engineers could walk into the country and look for work.

Sometimes life is just that.
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Old Nov 7th 2011, 10:52 am
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Default Re: Unfair CIC - Litigation website ???

Originally Posted by PMM
HI



Applications received under the Ministerial Instructions after 28/11/08 received priority. These are the ones that qualified under "lists" where there is a perceived shortage of workers in these occupations. Those prior are looked at FIFO only if there is any quota left in the year.
Hi

Does that mean they are not processing those on the list of 38, but only the most recent list, or does the list of 38 still get a look in?
Or do they still go there is the overall total for the year is under the quota?

Ta
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Last edited by Bali2010; Nov 7th 2011 at 10:54 am. Reason: error!
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Old Nov 7th 2011, 2:34 pm
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Default Re: Unfair CIC - Litigation website ???

Originally Posted by chrisparr
I know people can have a genuine grievance, but I can't help like things like this are like flogging a dead horse when at the end of the day you have no God given right to be granted a PR, not matter how 'eligible' you seem.

I know they seem pissed at decisions, and I probably would be if the same happened to my application (when it goes in), but immigration is about the economic needs of the country in question, not the individual, and if they win this action, it will probably just grind the whole system to a complete halt until they assess what to do.

Ho, hum.
You are not reading their claim correctly, Chris.

These people are not asking to be granted PR at all.

What they are asking for is that their applications be processed to a decision. That decision could be positive or negative but what they want is for the uncertainty to end.

They have PAID a fee for their files to be processed to a decision and this processing has not taken place.

So CIC has taken their money and failed to provide the service for which this fee was charged within a reasonable time.
The timescales were quoted by them and have been exceeded by several times for some applicants.
I don't think there is anyone who would disagree that they have waited long enough.

CIC should either process them or give them their money back.

To keep what must be thousands and thousands of dollars of people's money and to give no date when they might expect to receive the service they have paid for is a disgrace.
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Old Nov 7th 2011, 11:39 pm
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Default Re: Unfair CIC - Litigation website ???

Originally Posted by helcat12
They have PAID a fee for their files to be processed to a decision and this processing has not taken place.

So CIC has taken their money and failed to provide the service for which this fee was charged within a reasonable time.
I am facing a similar situation for my partners TRP application, they don't advertise an estimated processing time and when I contact them, they refuse to give me a date or deadline of when they will come to a decision. I personally find this quite unacceptable!

You can't take peoples money for a service, and then leave them hanging and not tell them when you expect to provide said service.
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