Federal Skilled Worker Class Action Lawsuit

[wounderful]

Lawyer ROCCO GALATI'S Version of Charter Rights Infringement:

It is respectfully submitted, in summary, that the question for the Court to be asking,
with respect to this question and concern, on the facts of this case, is as follows:

"Does the Constitution of Canada apply to Canadian legislation, and/or executive action taken under that legislation, which legislation applies to nonCanadian residents residing outside Canada, where the Canadian legislation gives those non-Canadian foreign residents the statutory right of judicial review to the Canadian legislation and/or actions or decisions taken there under by Canadian officials?"

It is respectfully submitted that the obvious answer to that question is "yes".

It is lastly submitted that, should the Court disagree with the Applicants, and not
engage in a substantive constitutional review of s. 87.4 of the IRPA, purportedly for
lack of jurisdiction, the Applicants strenuously request that the above-noted question
be certified for appeal to the Federal Court of Appeal.

+1 for your great post

 

[wounderful]

I think and hope that comes true, that Justice Rennie has completed his final order and will issue in our favor after reconcile with other lawyers view just for making it more strong on Canaidan Constitution and section 87.4. Definitely with right of appeal.

March 2013 will be our cheerful month. ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D

 

[plaran]

Hopefully victory is imminent.

 

[applicantpre8]

Dear Mancilla,

Very encouraging post. Could you please paste the link of the post? And please comment on the post for further elaboration.

Lawyer ROCCO GALATI'S Version of Charter Rights Infringement:

It is respectfully submitted, in summary, that the question for the Court to be asking,
with respect to this question and concern, on the facts of this case, is as follows:

"Does the Constitution of Canada apply to Canadian legislation, and/or executive action taken under that legislation, which legislation applies to nonCanadian residents residing outside Canada, where the Canadian legislation gives those non-Canadian foreign residents the statutory right of judicial review to the Canadian legislation and/or actions or decisions taken there under by Canadian officials?"

It is respectfully submitted that the obvious answer to that question is "yes".

It is lastly submitted that, should the Court disagree with the Applicants, and not
engage in a substantive constitutional review of s. 87.4 of the IRPA, purportedly for
lack of jurisdiction, the Applicants strenuously request that the above-noted question
be certified for appeal to the Federal Court of Appeal.

 

[PMM]

Hi

I think and hope that comes true, that Justice Rennie has completed his final order and will issue in our favor after reconcile with other lawyers view just for making it more strong on Canaidan Constitution and section 87.4. Definitely with right of appeal.

March 2013 will be our cheerful month. ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D

I think you are "whistling in the wind"

1. Do you really think that the court would rule that Section 15 would apply to everyone in the world outside Canada? Not likely.
2. If you read the Zhu decision closely http://decisions.fct-cf.gc.ca/en/2013/2013fc155/2013fc155.html His application was cancelled before 87.4 became law and was asked prior to that to perfect his application, so he had a reasonable expectation that it would be processed. Read further in the decision about what the Judge stated about 87.4 of the Regulations.

" In my view, subsection 87.4(1) is not applicable in the circumstances. The provision cannot serve to strike a validly rendered visa officer’s decision. The provision expressly deals with undecided applications, not decisions. While it is true that Mr. Zhu’s application remained undecided after March 29, 2012, a decision was rendered by the Officer on May 17, 2012 before the provision was passed into law. Had the application not been decided before subsection 87.4(1) was passed into law, then the application would have been terminated. At the time the decision was rendered, the law was not in effect and the decision was valid."

 

[Kanamen]

Hi


I think you are "whistling in the wind"

1. Do you really think that the court would rule that Section 15 would apply to everyone in the world outside Canada? Not likely.
2. If you read the Zhu decision closely http://decisions.fct-cf.gc.ca/en/2013/2013fc155/2013fc155.html His application was cancelled before 87.4 became law and was asked prior to that to perfect his application, so he had a reasonable expectation that it would be processed. Read further in the decision about what the Judge stated about 87.4 of the Regulations.

" In my view, subsection 87.4(1) is not applicable in the circumstances. The provision cannot serve to strike a validly rendered visa officer's decision. The provision expressly deals with undecided applications, not decisions. While it is true that Mr. Zhu's application remained undecided after March 29, 2012, a decision was rendered by the Officer on May 17, 2012 before the provision was passed into law. Had the application not been decided before subsection 87.4(1) was passed into law, then the application would have been terminated. At the time the decision was rendered, the law was not in effect and the decision was valid."

Agreed Sir.....

 

[GNPLC]

I thank all members for the insight they brought into topic. March is just around the corner and as somone said it our month of VICTORY. Be patience

 

[nilay4647]

Hi there,

does any decision made on FSW back log cleanrance ?????? if not than anyone tell what would be the tentetive result and when can decision is expected to come ??????????

 

[joe07]

Hi there,

does any decision made on FSW back log cleanrance ?????? if not than anyone tell what would be the tentetive result and when can decision is expected to come ??????????

the only person who knows the outcome is god. Have patience and walk tru march, might get to know the outcome

 

[nilay4647]

well thanks for reply dear

 

[sac]

the only person who knows the outcome is god. Have patience and walk tru march, might get to know the outcome

Correct! Only God knows about the outcome.

 

[joe07]

Tuesdays have always been some event day( updation,deletion ) will we see some new info in the forum.

 

[wounderful]

Tuesdays have always been some event day( updation,deletion ) will we see some new info in the forum.

You are right... now they update the process timing for London Visa Office for backlog to 80 months, great.... but that has no effect on all of us pre-2008. Lets wait for the decision from the court and let them do whatever they want. If they did this speedy check before we all were in Canada.

 

[hopefulever]

Can any tell what is liang case and who will be benefitted if judge favours litigations.

 

[anwaraziz123]

Can any tell what is liang case and who will be benefitted if judge favours litigations.

You can read full judgement on Liang case going to Fedreal court of Canada's site, then 2012, June and Liang.
(decisions.fct-cf.gc.ca/en/2012/2012fc758/2012fc758.html)