回复: 北京起诉的情况,有人想加入没
CIC不会调解,因为这样只能招来更多起诉,我估计他们会拼,用C50法案说事
有道理,见律师给香港那边的回信,几方面都分析到了:
The problem, however, for CIC is that a mediated settlement would get out, and they would have to fashion a solution for the rest the applicants in the black hole. Thus, while our cases would be settled, CIC's problem would remain. Therefore, they might prefer litigation in order to prolong the process. It should, however, be clear to CIC that, if they choose to litigate, the matter will be decided on the merits and not dismissed at the leave stage. (No assurance to that effect was -- or could be -- given. However, the Chief Justice had decided to have five different judges decide leave, implying that a cross-section of the Court will consider the cases, and surely one would agree to have the matter heard, setting a precedent for everyone else.)
If we do go into mediation, it would be that the action-for-damages would have to be deferred during the mediation stage and, if settlement is reached, there would be no damages. So, CIC would certainly gain by settling at this stage.
I have attached the Court's order. The significant clause is that future applications will be added to the pool. Thus, additional applications may be lodged until disposition of this litigation.
My own guess -- and that is all that it is -- is that, if mediation succeeds, CIC will announce a change in policy
vis-à-vis the backlogged files, precluding new
mandamus applications
en masse. Justice Barnes observed that often the effect in a
mandamus application is that the litigant jumps to the head of the queue, adding that, while that result is unfair for the others, the Court may only deal with the case before it. Thus, the advantage of being in the litigation group would be that our files will be processed ahead of the others in the backlog even if the Minister announces that he will allocate a share of the annual quota to each tier of applicants.
Also attached is the admission from the program manager at Beijing that processing of pre-Bill C-50 applications has been "suspended" and that there is no time-line for processing them, adding that the Minister will be announcing a plan to deal with those cases. If the "announcement" is not just a stalling tactic, but, rather, indicates that the Minister is planning to announce something, it would be better to be in the litigation group with the possibility of being processed promptly than moving forward at glacial pace all the other warehoused files.
On the other hand, if the mediation does not result in a settlement, the action for damages may still be pursued.
不过对这C50不了解。