hopefulever said:
What is the latest status of litigation now.Is there any hope left ??
Tomorrow on 18/09/2013, there is proceeding of Tabingo's case in Federal Court of Appeal.
Will it apply to all the pre-Feb applicants or only the litigants?
If 87.4(1) IRPA is questioned and struck down, it should apply to all the applicants!
It should be struck down because it was passed with intention to apply it retroactively to wipe out the backlog without accessing or processing the files of the applicants which CIC admitted into the system. Accessing and processing is the funtion of CIC & not the applicants. If it was not done timely, it is their failure, not the applicants'. They should correct it. Law should not be made to cover up their inability or mistakes. Law should be made to protect the applicants who obeyed all the rules and regulations and waited patiently!
If justice pervails, all the cases admitted into the system should be accessed and all the eligible cases must be processed. Only ineligible cases according to the rules and law at the time of their application should be terminated! They should first access the cases according to the points grid and then accept the applications and payments and then admit the cases into the system. Rest of the processing can be done on a later date according to the rules.
They receive the applications, accept the payment and do not access the applications even against points grid for years together! Then they change the rules and start accepting new cases accrording to the new rules and assure the old cases that their cases will be processed according to the old rules as per law till the final decision. They are made to wait for years and then told that if the decision was not made till such and such date your case is terminated by a newly made law to be applied retroactively!
No new FSW immigration cases should be allowed to be accepted under any new rules till all the backlog cases has been accessed and processed to the final decision! Once accepted and admitted, there should be no termination without accessing or processing of the eligible cases! No person or law should be allowed to do that! Any law made with such an intention should be struck down!
If Supreme Court or Federal Court of Appeal can see through this cunningness of the concerned people and if the court can understand the position of innocent applicants and if the court or the judge has the guts to proceed impartially, the decision will be Fair, Just and Sacrosanct!
Just wait and watch!
Best of luck to all!