加拿大华人论坛 加拿大留学移民退案缓行3个月

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OTTAWA ― A plan to return $130 million in fees and toss 280,000 applications from would-be immigrants ― part of the omnibus budget bill that's poised to become law late Friday ― is on hold for at least three months, according to lawyers planning to challenge the move in court.For several weeks now, a legal battle has been brewing as lawyers across the country prepare what they hope will become a class-action lawsuit aimed at reversing the controversial decision to quit 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 be able to destroy the files or proactively offer applicants refunds even though the bill allowing them to do so will have passed. Negotiations are said to be ongoing over whether and how the government should and could notify affected applicants about the pending litigation.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 backlog 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 CIC from tossing the applications and refunding the fees."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'll 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 actually 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, calls the legislation "ill-advised." He asks "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."We've made our way through hundreds of thousands (of applications) in four years so the timing and this sudden necessity to get this done is very curious to me," he said, noting the government should have been "straightforward" about its plans."Give these people a chance to be a partner in the process. Treat them with some dignity."Bellissimo said he understands the government's concerns about wanting to make sure the skilled workers Canada accepts today meet current labour market needs and that applicants in the years-long backlog may now be past their best-before dates.But he argues the legislation as it exists allows the government to refuse admission to someone who meets the eligibility criteria and scores the minimum 67 points on the skills checklist if it's determined that they would "likely not become economically established in Canada."

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[SIGPIC][/SIGPIC]他们欺瞒上帝偷偷拨回时间They fool God secretly timing of the reversal回复: 退案缓行3个月-

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回复: 退案缓行3个月还是得看CIC的公告。律师的主张不一定能实现。

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回复: 退案缓行3个月还是得看CIC的公告。律师的主张不一定能实现。点击展开...从文章里的内容来看, 是这样的. CIC没有同意这样做.

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回复: 退案缓行3个月主要目的是什么

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回复: 退案缓行3个月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. 退案缓行90天应该是针对提起诉讼的申请人。其余似乎是“死刑立即执行”。

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回复: 退案缓行3个月差不多了。。。

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