加拿大华人论坛 加拿大留学移民Here is a copy from a FB member, for reference



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One member:Well there was no point asking for injunction for something which had not happened. Right now our applications r valid and until the bill is passed and our fee is refunded we don't even have a ground. The court can not stop the parliament from passing any bill, that is inherit right of parliament so the case was quashed but court can certainly declare the bill void if it goes against natural justice and fundamental rights but for declaring that law void there has to be a law which there is none at the moment. That was a hasty move by lawyers only to skim money from scared and desperate people. The battle will begin when the bill is passed, until then there is nothing, u can not move court on speculation. Other member: Some of our friends asked my opinion about the court cases, I am of strong opinion that we should not rush into the things and should wait till the finality of proposal and/or only after assessing the things from all angles after all other options are exhausted only then we should move the court. It is also more important to give Mr. Kenney the opportunity to withdraw the proposal, premature liti...gation may or may not be in our benefit. The circumstances may develop for some Negotiations at some stage.There is one more suggestion if you may like it and excuse me that we should not file/sign any online petitions which require our File No. unless we are sure and clearly know the purpose. I do not intend to hurt anybody or doubt anyone but it is just precautionary.

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回复: Here is a copy from a FB member, for referenceWould-be immigrants' attempt to save their applications quashed in courtBy: The Canadian Press Posted: 05/23/2012 5:32 PMOTTAWA - A federal court judge has quashed the hopes of hundreds of would-be immigrants seeking to force the government to review their files.Over 800 skilled workers have seen their applications languish in a massive backlog that's set to be eliminated by the federal budget bill.They are suing the government over the delay in processing their files and had sought an injunction that would force the immigration minister to keep their applications open while the case is before the courts.That's because the budget bill is likely to pass before the case is over, meaning they would lose their applications.But in a decision released Wednesday, the judge said he can't force the immigration minister to keep the files open. He called their request devoid of merit in part because the bill hasn't passed and the courts can only get involved once legislation is enacted, not before.He also ruled that the law as it stands doesn't give the minister power over the affected files so the courts can't stop the minister from doing something he doesn't have the power to do. The case is still expected to be heard in court next month.The lawsuit is one of two currently pending against the government over its decision to erase the files of 280,000 people and return their application fees.A spokeswoman for Immigration Minister Jason Kenney says they were pleased and not surprised by the ruling.Ana Curic says the government believes the bill will withstand any legal challenges and she called the backlog a roadblock to Canada's ability to respond to labour market needs.The case at hand involved skilled workers who had applied to come to Canada prior to 2008, when the government made major changes to the immigration program.As a result, their applications sunk to the bottom of the pile and they allege that's violated a promise to them that their files would be reviewed in a timely fashion.In his decision, the judge says that there may be an issue with how long it has taken to process the files but he says it's unclear that a contractual obligation was created.And he says even if there was, there's no legal reason Parliament can't extinguish such a right.

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回复: Here is a copy from a FB member, for referencethanks

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