Feb2004 said:
I have the same case, status disappeared today. I am Feb2004(application received)NDVO applicant.
Now I think situation is somewhat clear.
Please compare the analogy between the applicants whose status changed from
Inprocess->Decision Made->Blank->Removal from System.
And in some cases
Inprocess->Blank
Can you spot out the difference ? A general logic applies as follow
Now, CIC is waiting for verdict from the court. And can we predict the verdict from the this changes ? Answer is "Probably yes"
Remember, Justice Rennie said in his decision for Liang
However, section 87.3 does not eliminate the Minister’s duty to process applications in a reasonably timely manner, at least those applications that are accepted for processing. There is no language in section 87.3 or any other amendment to the Act that extinguishes the longstanding, well-accepted duty to process applications in a reasonable time frame. The Minister can set instructions that permit him to return some applications without processing them at all, and thus obviously there is no further duty in respect of those applications. However, for those that are determined eligible for processing, the duty to do so in a reasonably timely manner remains, absent clear legislative language extinguishing that duty. The Ministerial Instructions inform the assessment of whether that duty is discharged in a reasonable period of time.
That is CIC has kept those application whose PSDEC is 1 that is eligible for the processing and if ruling might be somewhat like this "It is duty of the minister to process the application who are determined eligible for the processing and they should be processed." Further those that are not checked for the eligibility and with the power conferred through Ministerial Instruction and 87.4 they can be returned.
Further to support this judgement I can say that People with PSDEC 1 is not entitled for the refund as there application processing has already began. Now either CIC has to pass another law to terminate the half processed application or else process around 4000 files that equals around 12000 person.
Honestly, remember, In India too, when government wants to rise the rate of petrol by 3 INR on first fold they increase it by 5 INR and after people opposition they decrease 2 INR. But the ultimate target of 3 INR is absolutely reached.
Same is the case with CIC, they wants to delete the files that were even not touched hence they passed the law 87.4 to terminate all of them. They might be knowing that litigation will take place and hence they first said SELDEC should be checked, but they were certain that any court will not rule that Half processed should be returned hence mentally prepared for down gradation to PSDEC.
Ultimately they are successful in deletion of around 96000 files.
