Justice Blanchard在ZHU案胜诉的判决中，一个焦点就是329后VO的decision不被一刀切，一刀切法律87.4指的是undecided application。
之前有争议，法官指的这个validly rendered visa officer's decision到底是selection decision，还是DM这个final decision, 我今天再翻了一下判决书，那里有很清楚无歧义的语言指的是SD，不是DM
[40] The Respondent contends that a selection decision was made by the Officer on May 17,
2012~
ZHU的selection decision是5月17号做出的
respondent指的就是CIC
[44] In my view, subsection 87.4(1) is not applicable in the circumstances. The provision cannot serve to strike a validly rendered visa onker's decision. The provision expressly deals
with undecided applications, not decisions. While it is true that Mr. Zhu's application remained
undecided after March 29, 2012, a decision was rendered by the Officer on May 17, 2012 before
the provision was passed into law, Had the application not been decided before subsection 87.4(1)
was passed into law, then the application would have been tenninated. At the time the decision was
rendered, the law was not in effect and the decision was valid.
87.4不适用于ZHU，是因为他的selection decision在5月17做出的
这个第【44】段At the time the decision was
rendered, the law was not in effect and the decision was valid.里的decision 就是指的selection decision
之前有争议，法官指的这个validly rendered visa officer's decision到底是selection decision，还是DM这个final decision, 我今天再翻了一下判决书，那里有很清楚无歧义的语言指的是SD，不是DM
[40] The Respondent contends that a selection decision was made by the Officer on May 17,
2012~
ZHU的selection decision是5月17号做出的
respondent指的就是CIC
[44] In my view, subsection 87.4(1) is not applicable in the circumstances. The provision cannot serve to strike a validly rendered visa onker's decision. The provision expressly deals
with undecided applications, not decisions. While it is true that Mr. Zhu's application remained
undecided after March 29, 2012, a decision was rendered by the Officer on May 17, 2012 before
the provision was passed into law, Had the application not been decided before subsection 87.4(1)
was passed into law, then the application would have been tenninated. At the time the decision was
rendered, the law was not in effect and the decision was valid.
87.4不适用于ZHU，是因为他的selection decision在5月17做出的
这个第【44】段At the time the decision was
rendered, the law was not in effect and the decision was valid.里的decision 就是指的selection decision
