sashali78 said:
Mr. (i assume it is Mr) Tuyen,
I'm male, yes, but you don't have to call me "Mr. Tuyen". It's not my real name, and I'm not at all offended if you call me "Tuyen" or "hey you", or whatever else you prefer.
sashali78 said:
I have a question for you regarding the ridiculous backlog you referring to. Although I do understand the logic behind some of your comments, as well your attitude towards certain members of this forum I still very much oppose to your stance regarding the backlog and CIC operation.
I have 2 questions:
1. How can you justify slashing of the backlog by CIC without reviewing the applications?
I justify it the same way that CIC justifies it: circumstances have changed, and in order to improve the situation, something needed to be done to clear the backlog and to streamline the process for the future.
The fundamental mistake that most people who are part of this lawsuit seem to be making is they're under the very erroneous impression that there's a LAW which requires CIC to process every application it receives from start to finish, and this is simply not true. There's no written law in Canadian immigration which states that every application MUST and WILL be processed, no matter what. This is nothing but wishful thinking and/or ignorance on the part of many who are taking part in this lawsuit. The POLICY of CIC is to process all applications it receives - but that policy can change at any time. CIC determines how many applications it wants to process during any given year, and from which countries. They also determine when to make changes to their policies. And there's a world of difference between a policy and a law. It's really that simple.
sashali78 said:
Didn't CIC came into legal contract with the applicants to review the application once it was received and the cheque was cashed?
As I said, there was no contract - written or verbal - which said that CIC will process - under any and all circumstances, no matter what - all applications that it receives. And the fact that CIC has already refunded (or will soon refund) the cost of those applications means that they're not legally liable for any damages, despite what some lawyers may be telling you. If they're unable (or unwilling) to process your application, AND they've fully refunded you the money you paid, then you've been made whole again, and in the eyes of the law, you're both leaving the same way you arrived.
sashali78 said:
I am not going into the discussion whether it is beneficial or not for Canada, it is a simple matter of respecting a contract.
A contract can be broken so long as the party who paid for products or services has been made whole again by way of compensation. And when CIC said they would give full refunds, they've fulfilled that obligation.
sashali78 said:
2. Taking into consideration your position that CIC should only grant PR to persons who are beneficial for Canada (which I agree) , how would you justify a theoretical case of someone who applied back in 2007 (simplified process), is working in Canada as TFW from middle 2010, have over 80 points by old, new and new-new points system and his pre-2008 file is still being slashed without review regardless the fact that CIC has asked him to file full application/language exams/etc in early 2011?
If the person acquired Permanent Resident status while working in Canada, that's great. If not, then Canada has the authority (as a sovereign country) to require that person to leave at any time. Being in Canada (either as a visitor or a worker) doesn't automatically grant a person the right to stay in the country permanently.
sashali78 said:
PS: As you understand this is not so theoretical case. I do have other options and am pursuing permanent residence in Canada in other ways. I just want to understand the way you and Mr. Kenney think (and that I am asking him too through MP)
I can't speak on behalf of how Mr. Kenney thinks, but I would imagine his thought processes are fairly similar to my own in that Canada has the right to set its own immigration policies, and is able to change those policies at any time when it becomes necessary or beneficial to Canada. Submitting an immigration application is not a guarantee of anything.