- Apr 24, 2012
- 320
- 19
- Category........
- NOC Code......
- 4131
- Job Offer........
- Pre-Assessed..
RECENT JUDGEMENT:
The Minister’s argument fails on the facts in respect of the MI1 applications as well. Pursuant to his policy choices as embodied in the MI1, applications submitted under those instructions were to be processed within 6-12 months. Thus, the Minister exercised his power under section 87.3 of the Act to set a policy regarding FSW applications, and the MI1 applications have been delayed substantially past the processing time as set pursuant to that policy.
[38] The Minister also cannot reasonably rely on the subsequent Ministerial Instructions to explain the delay with respect to the MI1 applications, because those instructions expressly state that they only apply prospectively, and applications submitted under previous instructions are unaffected. For example, the MI2 states that all FSW applications received before its publication “…shall continue to be considered for processing having regard to the first set of Ministerial Instructions.” Thus, similar to the pre-C50 applications, the MI1 applications were not to be affected by subsequent instructions, and thus any policy choices embodied in those subsequent instructions cannot justify delay in respect of the MI1 applications.
40] Canadian jurisprudence has long recognized that Ministers have an obligation to perform their legal duties in a reasonably timely manner. This legal duty has long coexisted with the understanding that Ministers are accountable for the management and direction of their ministries and have the authority to make policy choices and to set priorities. These two seemingly conflicting propositions have been reconciled by according the Minister considerable leeway in determining how long any kind of application will take to process, based on his policy choices.
However, for those that are determined eligible for processing, the duty to do so in a reasonably timely manner remains, absent clear legislative language extinguishing that duty. The Ministerial Instructions inform the assessment of whether that duty is discharged in a reasonable period of time.
I wish all MI1 get their visas stamped at the earliest by GRACE OF ALMIGHTY GOD.
good luck all.
The Minister’s argument fails on the facts in respect of the MI1 applications as well. Pursuant to his policy choices as embodied in the MI1, applications submitted under those instructions were to be processed within 6-12 months. Thus, the Minister exercised his power under section 87.3 of the Act to set a policy regarding FSW applications, and the MI1 applications have been delayed substantially past the processing time as set pursuant to that policy.
[38] The Minister also cannot reasonably rely on the subsequent Ministerial Instructions to explain the delay with respect to the MI1 applications, because those instructions expressly state that they only apply prospectively, and applications submitted under previous instructions are unaffected. For example, the MI2 states that all FSW applications received before its publication “…shall continue to be considered for processing having regard to the first set of Ministerial Instructions.” Thus, similar to the pre-C50 applications, the MI1 applications were not to be affected by subsequent instructions, and thus any policy choices embodied in those subsequent instructions cannot justify delay in respect of the MI1 applications.
40] Canadian jurisprudence has long recognized that Ministers have an obligation to perform their legal duties in a reasonably timely manner. This legal duty has long coexisted with the understanding that Ministers are accountable for the management and direction of their ministries and have the authority to make policy choices and to set priorities. These two seemingly conflicting propositions have been reconciled by according the Minister considerable leeway in determining how long any kind of application will take to process, based on his policy choices.
However, for those that are determined eligible for processing, the duty to do so in a reasonably timely manner remains, absent clear legislative language extinguishing that duty. The Ministerial Instructions inform the assessment of whether that duty is discharged in a reasonable period of time.
I wish all MI1 get their visas stamped at the earliest by GRACE OF ALMIGHTY GOD.
good luck all.
