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Hundreds of applicants for immigration backlog of report Canadian immigrant radicals hearing Xian Shuguang
June 8th, 2012
Canada hundreds of federal skilled worker backlog of applicants sued the Department of Immigration across the board revokes the application cases on the 5th for the first time hearing Solicitor Leahy by Tim Leahy, said that progress more smoothly than expected, despite the judge has not yet made a ruling, but words dissatisfied with the Immigration Department to delay the trial application also know that the case should be determined before the passage of Bill C-38. Leahy this cause appears the dawn. But Justice Department lawyers stressed that the court has no power view of federal policy decisions.
Leahy on behalf of 885 federal immigration backlog of applicants to sue the Department of Immigration asking the court to issue Executive Order to force the federal Department of Immigration in the system of trial within the time limit immigration application cases, cases on the 5th for the first time hearing the original injunction Leahy pointed out that the application was dismissed on the cause is not optimistic that the hearing-than-expected much more smoothly.
Although the judge did not court ruling, but the judge in the hearing process, the Federal Immigration Department delay the trial, often change the rules of the game is quite unhappy, solicitors and asked the Justice Department submitted the case of skilled migrants to apply the estimated processing time .
Defense stressed that the “policy decision”
Defence Ministry of Justice lawyers did not respond to positive, but stressed that the court has no power to view the policy decision, “and” ministerial instructions “(Ministerial the Instructions) issued by the Department of Immigration order to enhance the efficiency of the immigration system is a policy across the board revokes the application C-38 bill is the Parliament for consideration, the court’s ruling will interfere with the legislation.
But Leahy stressed in court that his client as early as at 10 proceedings, when Bill C-38 does not exist, “ministerial instructions” has been reduced to the Immigration Minister to carry out their political intentions tools. There is no guarantee that one day immigration minister, Connie, Jason Kenney, suddenly, through the Ministers instructed to require all immigrants donations to the Conservative Party, shall not apply.
Judges do not agree that the Ministry of Justice lawyers say, and questioned if the court does not have permission to view the “ministerial instructions”, and what that may be issued a “mandate”.
Issued by the judges want to execute the command
Most Leahy excited about is that the Justice Department lawyer and he asked the judge “certification” (the Certify) two questions, first, whether the court has the right to view the “ministerial instructions”; two for the Tribunal’s ability to execute the command ” effective date back 329 days ago. He said that usually only consider themselves losing side would require a “certification” to appeal required.
The
The judge also asked if the promulgation of the “executive order”, to give the Department of Immigration How long time to hear the case, Justice Department lawyer replied to receive the new forms and file within two weeks of assessment, within a trial is completed. Leahy stressed that the judge had clearly aware of the need to make a ruling before the passage of Bill C-38 in order to ensure that the jurisdiction of the court, I believe that should soon come to fruition. (Ruanyao Yi)
Source:http://www.finance-ol.com/2012/06/hundreds-of-applicants-for-immigration-backlog-of-report-canadian-immigrant-radicals-hearing-xian-shuguang/
June 8th, 2012
Canada hundreds of federal skilled worker backlog of applicants sued the Department of Immigration across the board revokes the application cases on the 5th for the first time hearing Solicitor Leahy by Tim Leahy, said that progress more smoothly than expected, despite the judge has not yet made a ruling, but words dissatisfied with the Immigration Department to delay the trial application also know that the case should be determined before the passage of Bill C-38. Leahy this cause appears the dawn. But Justice Department lawyers stressed that the court has no power view of federal policy decisions.
Leahy on behalf of 885 federal immigration backlog of applicants to sue the Department of Immigration asking the court to issue Executive Order to force the federal Department of Immigration in the system of trial within the time limit immigration application cases, cases on the 5th for the first time hearing the original injunction Leahy pointed out that the application was dismissed on the cause is not optimistic that the hearing-than-expected much more smoothly.
Although the judge did not court ruling, but the judge in the hearing process, the Federal Immigration Department delay the trial, often change the rules of the game is quite unhappy, solicitors and asked the Justice Department submitted the case of skilled migrants to apply the estimated processing time .
Defense stressed that the “policy decision”
Defence Ministry of Justice lawyers did not respond to positive, but stressed that the court has no power to view the policy decision, “and” ministerial instructions “(Ministerial the Instructions) issued by the Department of Immigration order to enhance the efficiency of the immigration system is a policy across the board revokes the application C-38 bill is the Parliament for consideration, the court’s ruling will interfere with the legislation.
But Leahy stressed in court that his client as early as at 10 proceedings, when Bill C-38 does not exist, “ministerial instructions” has been reduced to the Immigration Minister to carry out their political intentions tools. There is no guarantee that one day immigration minister, Connie, Jason Kenney, suddenly, through the Ministers instructed to require all immigrants donations to the Conservative Party, shall not apply.
Judges do not agree that the Ministry of Justice lawyers say, and questioned if the court does not have permission to view the “ministerial instructions”, and what that may be issued a “mandate”.
Issued by the judges want to execute the command
Most Leahy excited about is that the Justice Department lawyer and he asked the judge “certification” (the Certify) two questions, first, whether the court has the right to view the “ministerial instructions”; two for the Tribunal’s ability to execute the command ” effective date back 329 days ago. He said that usually only consider themselves losing side would require a “certification” to appeal required.
The
The judge also asked if the promulgation of the “executive order”, to give the Department of Immigration How long time to hear the case, Justice Department lawyer replied to receive the new forms and file within two weeks of assessment, within a trial is completed. Leahy stressed that the judge had clearly aware of the need to make a ruling before the passage of Bill C-38 in order to ensure that the jurisdiction of the court, I believe that should soon come to fruition. (Ruanyao Yi)
Source:http://www.finance-ol.com/2012/06/hundreds-of-applicants-for-immigration-backlog-of-report-canadian-immigrant-radicals-hearing-xian-shuguang/
