CIC has instructed visa posts not to cease processing pre-27
February 2008 files until the legislation abolishing them has come into force.
See:
On the surface, it's good news because it means that visa
posts have the authority to process older files at least until the legislation
is passed. However, the fact that they have the authority to process the
older files does not mean that they will necessarily do so. This
directive could merely be a ploy to be used against the inevitable class-action
court case -- a means for holding back the launching of any such lawsuit on the
grounds that the files have not yet been closed and, thus, no cause of action
yet exists. (In contrast, the Bulletin strengthens our mandamus litigation,
seeking an order to have the litigants' applications filed, because CIC has conceded
our litigants' continued right to have their files assessed.)
Hong Kong, however, has been sending to those, who received
an earlier direction to update their forms and documents, a second letter,
rescinding the first direction. Operational Bulletin 413 reinforces my
advice to ignore the second letter and submit the forms and documents. In
fact, those who fail to comply with the first letter may find their files
refused on the 121st day after the date of the letter sent. Bulletin 413
is yet another example of why nothing CIC says should be trusted to remain true
ten minutes after it has been said.
However, original documents should not be sent. The
Minister's office has advised a reporter that it will not be returning
the application forms and documents because it does not wish to incur the cost
of returning them. This conduct fits squarely into the definition of
theft found at section 322(1)(a) of the Criminal Code of Canada and
reinforces the moral bankruptcy of the decision-makers at Citizenship
and Immigration Canada. .
Regards,
This post was circulated by my friend Timothy Lee, a renowned lawyer based in Toronto Canada!
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