New Tim´s letter. February 20,2016
Good day,
The last I wrote, I advised that we are now waiting for Justice Russell to decide whether to allow an appeal of his decision. The status has not changed since that date.
For that reason, those few of whom who insist on asking me updates have not received a reply because the answer to their question was given in my preceding email, and, they should know that, when there is news to report, I will report it. Those who ask "what's new", will not get a reply when there is nothing new.
Others, however, have expressed a serious misunderstanding of where we stand at this point. THE ENDS HAS NOT COME. So, please do not worry yourself about that, do not despair but, rather, "keep the faith".
Finally, I have attached Rocco's reply, to which -- at my request -- he attached requests DoJ had admitted I had made but which it claimed had been rejected -- and DoJ's reply, confirming that, contrary to what DoJ had stated in its response, my request that S25.1 be accessed to grant landing to each of you. If you read DoJ response, dated, 14 May 2013, you will see that no decision had been made as of that date to my request.
So, what is A25.2, you ask? Well, it is the fraternal twin to A25, wherein the Minister may grant permanent residence for humanitarian and compassionate reasons to anyone who asks. A25.2, on the other hand, is where the Minister on his own initiative grants landing "for reasons of public policy".
Both Justice Barnes, in December 2012, when he rejected my motion to enforce the Agreement and Justice Rennie in Tabingo said that, absent such a request, the Court could not order A25.2 be accessed to land the applicant. Therefore, after each such pronouncement, I made that request, which has yet to be decided.
Therefore, if Russell confirms his intellectual dishonesty by refusing to allow his decision to be appealed, we can ask the Court to order the current minister, who is not Jason the Magnificent, to act on our request. Yes, it would mean further litigation but it also means that our quest will not have come to an end if Russell bars an appeal.
I am sorry to have kept all of you hanging for so long but I only received these attachments 5:30pm Friday after repeatedly requesting them. Until I had read them, I could not tell you about the A25.2 request because DoJ's position did not square with my recollection. Now that I know that my recollection is correct, I can tell you. So, no, it is not yet over. Two paths remain: an appeal of Russell's decision and the request to the Minister to access s25.2 to grant you permanent residence.
Regards,
Tim