加拿大华人论坛 加拿大留学移民What the January hearing is about?

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What the January hearing is about? --------------------------------------------------------------------------------Sent: Thursday, December 27, 2012 9:27 AMTo: 'Tim Leahy'Cc: 赵立新Subject: RE: don't panic, pleaseThanks Tim for the update.One question about Justice Rennie's position (probably because of my ignorance): we don't understand what's the difference from a Class Action from the litigants' perspective, if s.87.4 is ruled illegal in the January hearing, then all of the 86,000 files will be reopened. Then it is essentially a Class Action for all of the terminated FSW applicants, except that the counsel may not be able to charge fees or recover contingent as under a Class Action?As I said, if s. 87.4 is ruled illegal, your file, too, will be re-opened -- as will all 86,000+ files. Such a decision will make our Agreement argument even stronger because DoJ's refusal to honour it was based on the files being closed. In those circumstances, they will not have a basis for refusing to honour the Agreement.

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回复: What the January hearing is about?What the January hearing is about? --------------------------------------------------------------------------------Sent: Thursday, December 27, 2012 9:27 AMTo: 'Tim Leahy'Cc: 赵立新Subject: RE: don't panic, pleaseThanks Tim for the update.One question about Justice Rennie's position (probably because of my ignorance): we don't understand what's the difference from a Class Action from the litigants' perspective, if s.87.4 is ruled illegal in the January hearing, then all of the 86,000 files will be reopened. Then it is essentially a Class Action for all of the terminated FSW applicants, except that the counsel may not be able to charge fees or recover contingent as under a Class Action?As I said, if s. 87.4 is ruled illegal, your file, too, will be re-opened -- as will all 86,000+ files. Such a decision will make our Agreement argument even stronger because DoJ's refusal to honour it was based on the files being closed. In those circumstances, they will not have a basis for refusing to honour the Agreement.点击展开...how about for Tim's group if it's ruled illegal since Tim has been withdrawn from Jan hearing?

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回复: What the January hearing is about?that is the cause of my questionAs I said, if s. 87.4 is ruled illegal, your file, too, will be re-opened -- as will all 86,000+ files.how about for Tim's group if it's ruled illegal since Tim has been withdrawn from Jan hearing?点击展开...

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回复: What the January hearing is about?that is the cause of my questionAs I said, if s. 87.4 is ruled illegal, your file, too, will be re-opened -- as will all 86,000+ files.点击展开...Then all the files will back to the equal start point. and the non-litigants can form new group to battle with CIC for the illegality of 87.4

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回复: What the January hearing is about?你们都没有搞清楚。一月即使87.4被判违宪，也没有任何人的案子会得到审理。因为Justice Rennie12月10那个星期的会议说了，他只判决87.4的合法性，不给mundamus命令，也就是不会要求CIC审理任何律师的任何起诉人。 87.4被宣布违宪，也就是CIC败诉后，它会继续上诉。同样，如果申请人败诉，也继续上诉。 所以一月的开庭判决，不会给我们带来实质性的进展。

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​你们都没有搞清楚。一月即使87.4被判违宪，也没有任何人的案子会得到审理。因为Justice Rennie12月10那个星期的会议说了，他只判决87.4的合法性，不给mundamus命令，也就是不会要求CIC审理任何律师的任何起诉人。 87.4被宣布违宪，也就是CIC败诉后，它会继续上诉。同样，如果申请人败诉，也继续上诉。 所以一月的开庭判决，不会给我们带来实质性的进展。点击展开...

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