回复: 感觉被CIC耍了,包括TIM。
加拿大是民主社会,2015年说不定又变天了。。。到时候又出来个C39法案对C38修正。。。
刚才又研读了一下CIC的公告
Cessation of Processing and Return of Fees for Certain Federal Skilled Worker Applications
Summary
Processing of certain applications made under the Federal Skilled Worker (FSW) program prior to February 27, 2008, is to cease effective June 29, 2012, and fees paid to Citizenship and Immigration Canada (CIC) in respect of the affected applications are to be returned to the person who paid them as required by law.
Issue
This Operational Bulletin (OB) provides guidance on steps to be taken to terminate certain FSW applications made prior to February 27, 2008, as per
amendments to the
Immigration and Refugee Protection Act (IRPA) that were enacted
as part of the
Jobs, Growth and Long-term Prosperity Act and come into force on June 29, 2012.
Background
The
Jobs, Growth and Long-term Prosperity Act eliminates the majority of the backlog in the FSW program by terminating applications and returning fees paid to CIC by certain FSW applicants who applied prior to February 27, 2008. The requirement to terminate certain FSW applications takes legal effect upon the coming into force of relevant provisions of the
Jobs, Growth and Long-term Prosperity Act on June 29, 2012.
An application by a foreign national for a permanent resident visa as a member of the prescribed class of federal skilled workers that was made before February 27, 2008, is terminated if, before March 29, 2012, it has not been established by an officer, in accordance with the regulations, whether the applicant meets the selection criteria and other requirements applicable to that class.
Processing Instructions
Visa offices are to cease processing of FSW applications made prior to February 27, 2008, in accordance with the following instructions:
表格,此处省略***字。
Note: No further action is required at this time on the part of visa offices for those applications that are terminated in accordance with the above instructions.
Establishing that a decision has been made as to whether the applicant meets selection criteria
A decision as to whether the applicant meets selection criteria
was made if, prior to March 29, 2012, at least one of the following actions was taken:
- a selection decision was entered into the processing system (“SELDEC” in the Computer-Assisted Immigration Processing System (CAIPS) or “Eligibility Passed” / “Eligibility Failed” in the Global Case Management System (GCMS));
- the file notes clearly state that the selection criteria have or have not been met, but a selection decision has not yet been entered into the processing system;
- a negative decision had previously been made, but the file had been re-opened for a redetermination further to an order by a Superior Court (which includes the Federal Court) or a settlement agreement entered into by way of a Court order made prior to March 29, 2012.
A decision as to whether the applicant met selection criteria
was not madeprior to March 29, 2012, if any of the following situations applied as of that date:
- a preliminary review of the documentation has taken place, but a selection decision has not been entered into the processing system or documented as described above;
- additional documentation had been requested from the applicant but has not been received, or a selection interview is pending;
- additional documents were received that could have served to make a selection decision, but the selection decision has not been entered in the processing system or documented as described above. For instance, receipt of an Arranged Employment Opinion (AEO) or a response to an officer’s request for additional information prior to March 29, 2012.
Establishing that a final decision has been made
In establishing that final decision has been made on an application, at least one of the following actions must have been taken:
- a final decision was entered into the processing system (“FINDEC” in the Computer-Assisted Immigration Processing System (CAIPS) or “Final Approved” / “Final Refused” in the Global Case Management System (GCMS));
- the file notes clearly state that a final decision has been rendered, but the decision has not yet been entered into the processing system.
Returning fees paid to CIC
The. process of returning fees paid to CIC in concert with the termination of affected applications will be centralized at NHQ Finance in consultation with visa offices as required.
Fee returns and communications with affected applicants will be initiated by CIC in due course.
The basis for the amounts to be refunded will be the POS+ data at missions. NHQ Finance will communicate with affected missions in due course to provide further instructions on the extraction of required data. The POS+ data will subsequently be matched with the eligible cases extracted from CAIPS/GCMS and will form the baseline data for the purpose of returning fees to the payee.
NHQ Finance will communicate with eligible applicants in due course to confirm contact and payee information prior to initiating any return of fees paid to CIC, and will allow a reasonable period of time for applicants to respond. In cases where no response to any initial and any follow-up communications is received, applications are still terminated, but
action may still be taken at a future date to return fees to the person who paid them.
Fee returns will be issued in the appropriate currency for the country in which the person who paid them resides, using the daily exchange conversion rate in effect on the date of issuance.
Unsuccessful applicants who had paid the Right of Permanent Residence Fee (RPRF) will continue to be entitled to a return of that fee in accordance with existing procedures.
File retention
The files and supporting documentation associated with terminated applications will
be retained for a period of at least two years from the last point of administrative use, in accordance with current information management practices and retention requirements.
The last point of administrative use will generally be considered to be the date on which fees paid to CIC are returned to the applicant.
Federal Court challenge to section 87.4 of IRPA
The amendments contained in section 87.4 of the IRPA terminating FSW applications
are subject to litigation. The result of that litigation could affect how the terminated FSW applications are handled in the future. Further information will be provided as the litigation progresses.
一、红字部分,在没有退款之前,对被切的案子只是停止(cease=stop)审理,案子并没有终结,没有指示就不动,但有可能因为诉讼的介入发生变数。一旦收到退款,案子即终止(terminate)审理,再也不动。
二、切案虽为奉旨行事,March 29, 2012圣旨中并没有指明,回溯日期仍有可能因为诉讼的介入发生变数。
基于以上两点,如果现在加入诉讼,仍可以讨价还价,只是时间紧迫,加入者随时有可能失去参诉资格。但挑战第二条难度太大。
三、蓝字部分,C38的一部分塞入移民法,谁掌权谁可以玩儿法律,自由党上台也可以如法炮制。
四、绿字部分,相关文件(涉及到每个人的纸质实体档案)至少保留两年,档案号仍存在且为唯一(不可能作废了你的档案而号再给别人用),两年后将实体文件灭失则档案号也消失。
基于以上两点,祈祷自由党东山再起,还大家一个公道(秋后算账),恢复案子。做梦吧?
五、紫色部分,收款日即案子终止日,先不收钱也可以给自己赢得一段时间(如果用得着的话)。