加拿大华人论坛 加拿大留学移民Re: Liang Dong's Application (pre-c50)

在加拿大

The following information is not fresh news, but I happened to read it yesterday. I'd share it here with you all. Mr. Liang's application has been outstanding since 2007, and he has awaited finalization since his positive selection decision in 2010. This is prima facie longer than the nature of the process requires. The Ministerial Instructions cannot justify the delay, as they are inapplicable to his and other pre-c50 applications. there is no indication that Mr. Liang is himself responsible for any part of the delay. Furthermore, I am not persuaded by the Minister's argument that Mr. Liang had an adequate alternative remedy. The Minister argues that Mr. Liang could have applied under MI1 and therefore had his application processed more quickly. The Minister notes that an applicant could have had two concurrent applications,his existing pre-50 application and a subsequent MI1 application. The Minister's argument is unsupported by the evidence. The Operational Policy directive prevailing at the time indicates that the Department did not know which route would in fact be faster. Sumbitting a new FSW application under MI1 instructions may have been an alternative open to Mr.Liang, but it would not have been adequate. I therefore find that Mr.Liang is entitled to an order of mandamus. With respect to the 670 other pre-c50 applicants, the Court has no evidence before it with respect to the factors unique to each particular application which may account for the delay. Part or all of the delay may be attibutable to the conduct of the applicant or a third party over whom the government had no control. Thus, each case must be determined on a case-by-case basis, and with the exception of Mr. Liang, I make no finding save that in respect of the remaining pre-c50 applicants, a prima facie case of delay has been established and the Ministerial Instructions, in light of section 120 of the the Budget Implementation Act, 2008, do not constitute a satisfactory justification for that delay.

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回复: Re: Liang Dong's Application (pre-c50)最后这几句很有意思啊。怎么和那个guided by说的不一样啊？这些话是谁说的？

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回复: Re: Liang Dong's Application (pre-c50)It would be a helpful reading if you can click open the following link: http://visalawcanada.blogspot.com/2012/06/skilled-worker-delay-decision-to-be.html

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回复: Re: Liang Dong's Application (pre-c50)It would be a helpful reading if you can click open the following link: http://visalawcanada.blogspot.com/2012/06/skilled-worker-delay-decision-to-be.html点击展开...lianj链接连不上，你请把内容粘贴复制过来，我们了解了解。

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回复: Re: Liang Dong's Application (pre-c50)我也打不开。 上述内容是我之前在单位打印出来的若干张中的其中一张里的节选部分， 是我手工敲到这里的。 本来不想摆功的， 不想被你问出来了。谢谢啊。嘿嘿

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回复: Re: Liang Dong's Application (pre-c50)我也打不开。 上述内容是我之前在单位打印出来的若干张中的其中一张里的节选部分， 是我手工敲到这里的。 本来不想摆功的， 不想被你问出来了。谢谢啊。嘿嘿点击展开...敲出来的啊！真辛苦，谢谢你！

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FN:2007-07-20；S2:2009-07-07；妥投：2009-09-03；变6：2009-11-03；变12：2010-03-03；再次变6：2010-05-25；变12：2010-07-14；ME到，2012-11-28（最好的生日礼物）；DM：2013-2-13；2013-2-23，大信封到。 超赞 赏 T tipsyyuca 0$(VIP 0) 1432012-07-14#7 回复: Re: Liang Dong's Application (pre-c50)再说明一下， 我不能确定之前打印的资料来自刚才提到的链接中。 因为想把内容复制到这里， 就搜索一些关键词， 结果搜出了上述链接， 但打不开。

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回复: Re: Liang Dong's Application (pre-c50)不苦不苦。 谢谢violetflower 的表扬。 高兴！

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回复: Re: Liang Dong's Application (pre-c50)It would be a helpful reading if you can click open the following link: http://visalawcanada.blogspot.com/2012/06/skilled-worker-delay-decision-to-be.html点击展开... Comment from this lawyer:Here is the text of the much-discussed Federal Court decision in Liang. Contrary to what the press reported with much hype, this decision is quite limited and may in fact be a Pyrrhic victory as the Budget bill becomes law. Once that happens, the decision will become meaningless for most applicants, as it will erase the underlying basis for the processing of pre-2008 cases.

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回复: Re: Liang Dong's Application (pre-c50)maybe is the Pyrrhic victory for the 670+,

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