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Re: Future Processing Delays
There is little or none chance for successful lawsuit filed by applicants who applied under IRPA and got refusal due to increase of pass mark after they applied as retroactivity is a part of IRPA and has already been upheld by Federal Court. There are of course some lawyers who will argue and try to make money from desperate applicants, but it remains to be seen if after clear Federal Court rulling uphelding retroactivity of IRPA anyone will succeed.
The "deal" is not granting any visas - the "deal" is giving deadlines for assessments, nothing more. So, there will be some approvals and many refusals - you need to remember that even those who met pass mark under old rules can still be refused on substitute evaluation (discretionary decision) and I have no doubt that "discretionary refusal" will be widely used to refuse those who have no chance for successful economical establishment in Canada. And dicretionary decision under old law doesn't require second officer to concur.
Originally Posted by JAJ
Andrew
So if CIC raise the pass mark from 67 to 72 (for example) to choke off demand, what's there to stop another lawsuit from those who have applications currently in the system with 67-71 points and who want to be assessed against the 'old' pass mark. The other points I would make are: - the thousands of people who will get visas under this 'deal' are by definition not the immigrants Canada wants, as they don't meet IRPA skill requirements. Correct? - with delays of almost 10 years between application and visa, how many people will end up not using the visas they've been given due to changes in life circumstances meanwhile? Jeremy |
Re: Future Processing Delays
Originally Posted by PMM
If the points are raised, it will only appear to effect applications submitted after Jan/01/02 (I stand to be corrected). What is going to delay things is that the applications effected by the propsed settlement will be governed by the previous Act and Regualtions. So unless CIC can get around it, (As there was not a ILETs requirement) to assess language ability is going to require an interview. Also you could select any number of NOC categories that you wished to be assessed against. Its gonna be fun.
PMM Jeremy |
Re: Future Processing Delays
Yes, it is possible, but I don't think that they would do it for that reason.
Originally Posted by JAJ
The point I'm making is that CIC may need to raise the pass mark for a while to choke off new applications in order to make room in the quotas for all these 'old' ones.
Jeremy |
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