这是Bellissimo律师发布的这次开庭摘要:
http://www.bellissimolawgroup.com/2...-the-federal-skilled-worker-backlog-case.html
The hearing at the Federal Court of Appeal that took place over two days on June 23 and June 24th in Toronto has been concluded and the Court has reserved a decision.
Our office continued to pursue arguments under section 15 of the Charter of Rights and Freedoms, emphasizing that the termination of the backlog was discriminatory and had disproportionate effects on applications at Visa Offices around the world. We argued that the individual applicants terminated from the backlog were eligible applicants for permanent residence in Canada, and that the applications ought to have been assessed to determine whether they satisfied Canada’s labour-market needs (the very requirement that the Government of Canada suggested necessitated termination). Arguments including the Bill of Rights, Legitimate Expectation, Rule of Law, Procedural Fairness, the application of humanitarian and compassionate considerations as well as arguments related to section 6 and 7 of the Charter of Rights and Freedoms were also presented to the Court by lawyers for the Appellants (applicants). After hearing the Appellants’ arguments the Federal Court of Appeal sought oral arguments from the Department of Justice on the section 7 and 15 Charter arguments. We now await a decision.
这次他们在上诉院辩论的这些与宪法有关的要点,除了bill of rights以及部长特权,其他的全部在投移案有判决,比如legitimate expectation, procedure fairness,宪法第六,第七和第15,这些全部被法官驳回。
http://decisions.fct-cf.gc.ca/fc-cf/decisions/en/item/72230/index.do
看了法官对这些宪法问题的论断,我倒是感觉律师是在扯蛋,起诉人在无理取闹。
说穿了,无论是技移,还是投移,之所以不被宪法保护,还是因为87.4和87.5各自的那一条关于被切不等于被拒的规定,这一条取消了申请人享有的加拿大法院judicial review的权利:
投移的87.5(3) The fact that an application is terminated under subsection (1) does not constitute a decision not to issue a permanent resident visa.
与技移的87.4(3)一模一样。
先是那8个组在联邦法院无理取闹了一次,然后是TIM紧随其后为投移闹一次,紧接着又是那8个组在FCA继续闹,闹来闹去都是重复一样的调子。
宪法还是不要去碰为好。那些被拒上诉成功的案子,哪一个人去扯宪法?都是就事论事提交证据。
当然被一刀切了也只能如此辩论,所以这个事情从前到后都是扯蛋。
FCA赶快判决吧,观点都是现成的,天理昭昭,还磨蹭个屁呀。