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Old 06-27-2014, 12:18 PM   #1
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Canadian court rejects rich migrants’ compensation claim over defunct visa scheme

Canadian court rejects rich migrants? compensation claim over defunct visa scheme | South China Morning Post

Federal judge kicks out case by 1,500 applicants trying to force Canada to process visa applications under the repealed Immigrant Investor Programme or pay millions in compensation

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Canada’s Federal Court has slapped down a bid by about 1,500 rich would-be immigrants, most of them Chinese millionaires, to force the government to process their visa applications under the defunct Immigrant Investor Programme, or pay them C$5 million (HK$36 million) each.

In a strongly worded ruling, Justice Mary Gleason said “would-be immigrants have no right to force the Minister [of immigration] to set any particular quota for any economic [immigration] class. This determination is in keeping with long-established principles, which hold that no one possesses a right to immigrate”.

The ruling was dated Monday, but only made public on Thursday. Its release came one week after the controversial Immigrant Investor Programme (IIP) was formally shut down, with the passage of legislation in Canada’s parliament. The applications of about 60,000 would-be immigrants – about 80 per cent of whom were mainland Chinese who filed their applications in Hong Kong – have now been formally scrapped.

The announcement in February that the IIP was being axed triggered the lawsuit, which was organised by Toronto immigration lawyer Tim Leahy. Leahy had asked the court to order that his clients’ applications be processed, or that each be paid C$5 million in compensation.

Leahy had argued that his clients’ applications were unreasonably delayed by the way Canada handled a massive backlog in the IIP, that was created when tens of thousands of rich Chinese swamped the Hong Kong consular office with applications before the scheme was frozen in 2012. Ottawa had decided that new applications would be processed concurrently with old ones, but Leahy said this was unfair, and a “first-come, first-served” approach would have seen his clients admitted to Canada before the scheme was axed.

Leahy also argued that the intake for the scheme should have been increased.

Gleason said: “I am far from convinced that counsel for the applicants has demonstrated that if either or both of these two things had occurred, [the applications] would have been processed by now.”

The judge also rejected an argument that Leahy’s clients deserved protection under the Canadian Charter of Rights and Freedoms, and that these rights had been violated by the government.

Said Gleason: “[The applicants] neglect to deal with the significant jurisprudence of this Court and of the Federal Court of Appeal that holds that foreign citizens outside Canada have no rights under the Charter in respect of activities that occur outside of Canada.

“I need not decide in this case whether the Charter does extend rights to the applicants as, even if they possess such rights, none have been violated in the treatment of their visa applications in these matters.”

Gleason also rejected what she called “vague assertions” that the applicants had had their rights to equality under the law violated, and that the principles of federalism had been breached by the preference given to other applicants who sought to migrate under Quebec province’s parallel version of the IIP, which is still functioning. “Neither of these claims has any merit,” she said.

Leahy said he planned to appeal the ruling on behalf of his clients, more than 1,300 of whom are Chinese.

“Justice Gleason’s ruling … disabuses anyone trusting in Canadian law that, if CIC [Citizenship and Immigration Canada] abuses them, they may count on the Federal Court to ensure fair treatment and the rule of law,” Leahy said in a statement.

“Instead, it affirms that the Minister of Immigration may rule with impunity in the same manner as the tsars ruled Russia once did – except, of course, that he will never have to face a firing squad for anything he does to those whose fate he has in his hands.”

The IIP was the world’s most popular wealth migration scheme, helping waves of rich Hongkongers and mainland Chinese move to Canada over the past 28 years. Under the scheme, applicants worth a minimum of C$1.6 million received visas for themselves and their immediate family in return for loaning the government C$800,000 interest-free for five years, after which the loan was returned in full.

By 2010, applications at the Hong Kong consulate, nearly all of them lodged by mainland Chinese, surpassed the combined number received globally for investor migration schemes run by the US, the UK and Australia. In the decade to last year, the scheme brought 42,435 rich migrants to British Columbia province alone, out of a national total of 91,745, although the latter figure is believed to include admissions under the Quebec scheme.
The lawsuit made no sense to begin with. The entitlement mentality these applicants have is just absurd...
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Old 06-27-2014, 12:49 PM   #2
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Idiots. Wasting our time and taxpayers money.

But to be fair, they should've scrapped it by not allowing new applicants but instead screwed everyone that's already in line. That's not the Canadian way
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Old 06-27-2014, 01:02 PM   #3
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Sure they want the gov to look at the application. Give me an hour and I will just reject every single one. Easy.
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Old 06-27-2014, 01:10 PM   #4
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Not really, since they lost the case, they have to pay all the court costs etc. I think it is great to have clarity and on non Canadian's dime.. Not to mention Federal lawyers are salaried, they get paid whether there are cases or not.

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Idiots. Wasting our time and taxpayers money.

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Old 06-27-2014, 01:14 PM   #5
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Old 06-27-2014, 01:15 PM   #6
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Good. Nice to see justice prevail and show the rest of the world that wealthy people cannot simply bypass the immigration line and pay for citizenship to a first world country. I don't know 100% of the politics/economics involved, but such a desperate measure should never have happened in the first place IMO.
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Old 06-27-2014, 01:27 PM   #7
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Don't forget that this IIP program is only one of the ways (though probably the most popular way) for wealthy immigrants to make it into our beautiful country. The Quebec program is still fully in place, and IIRC, the federal government actually increased the quota in some other investment immigration program.

I am not at all anti-immigration -- as a matter of fact, I am very pro-immigration. But at the same time, I strongly believe that we should only be accepting immigrants who are willing to embrace the Canadian way of life and to contribute to our Canadian society. If the freeloaders are only looking to use our country as their insurance policy, or to take advantage of the rights and benefits that our country offers, then please, these people are not at all welcomed.
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Old 06-27-2014, 03:12 PM   #8
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I wonder how hard it is for a rich British person to get into Canada?

We also let this British criminal into Canada.

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Old 06-27-2014, 03:48 PM   #9
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It's canada's loss.

What the federal government had done was unethical, disgraceful, and very unCanadian-like. So whenever the feds need the easy money, they allow IIP, and when they no longer need $$$ they fuck everyone up by axing the program? fuck you. Many of the applicants had waited 8 years of uncertainty, during this period of time, many opportunities were foregone, time wasted not to mention tremendous capital losses. As of now, Canada is no longer the top choice for chinese immigrants anyway. There are more than a handful of countries that are willing to take in immigrants and actually respect the applicants unlike canada. it's all canada's loss
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Old 06-27-2014, 04:05 PM   #10
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There are still plenty of ways to immigrate to Canada. The new Start-Up Visa, for one. As well, there's still the existing skilled trades option, family sponsorship, or go through the Provincial Nominee process where you can apply as an entrepreneur. So if you have money and want to immigrate to Canada, there's always the latter route. It's not like they've slammed the door shut on rich people wanting to come to Canada; they just have to be able to prove in one form or another that they can be a productive member of Canadian society.

Personally I felt the IIP was a terrible idea. All you had to do was give the government a chunk of change (okay, admittedly a large chunk of change) for five years, after which they gave it back. There was no guarantee the people they admitted would help Canadian society at all, whether it was through creating new jobs via start up businesses or whatever. Sure, they had to draft up business plans and all this other stuff, but that was still no guarantee things were going to happen.
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Old 06-27-2014, 04:27 PM   #11
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I wonder how hard it is for a rich British person to get into Canada?

We also let this British criminal into Canada.
he was born in montreal
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Old 06-27-2014, 04:28 PM   #12
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It's canada's loss.

Canada is no longer the top choice for chinese immigrants anyway. There are more than a handful of countries that are willing to take in immigrants and actually respect the applicants unlike canada. it's all canada's loss
So why all the belly aching, if there are so many desirable Countries out there that these applicants would rather be in and that would love to have their money they should go there and stop the crying. I'm pretty sure most Canadians aren't going to lose any sleep over it, personally I could give a fuck if they let these people in or not.
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Old 06-27-2014, 04:40 PM   #13
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I wonder how hard it is for a rich British person to get into Canada?

We also let this British criminal into Canada.


I knew it the second I saw the pic who it was. Conrad Black from a while ago.

But it looks like as asahai69 pointed out earlier, he was born in Canada.
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Old 06-27-2014, 05:21 PM   #14
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There are still plenty of ways to immigrate to Canada. The new Start-Up Visa, for one. As well, there's still the existing skilled trades option, family sponsorship, or go through the Provincial Nominee process where you can apply as an entrepreneur. So if you have money and want to immigrate to Canada, there's always the latter route. It's not like they've slammed the door shut on rich people wanting to come to Canada; they just have to be able to prove in one form or another that they can be a productive member of Canadian society.

Personally I felt the IIP was a terrible idea. All you had to do was give the government a chunk of change (okay, admittedly a large chunk of change) for five years, after which they gave it back. There was no guarantee the people they admitted would help Canadian society at all, whether it was through creating new jobs via start up businesses or whatever. Sure, they had to draft up business plans and all this other stuff, but that was still no guarantee things were going to happen.
not to side with the immigration program... but isn't that large chunk of change... more than the average canadian will ever contribute in their entire lives in tax money?
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Old 06-27-2014, 05:25 PM   #15
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FINALLY THE CANADIAN GOVERNMENT DOES SOMETHING RIGHT!!!!
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Old 06-27-2014, 05:25 PM   #16
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not to side with the immigration program... but isn't that large chunk of change... more than the average canadian will ever contribute in their entire lives in tax money?
Maybe, maybe not. The point is that the $800,000 is lent to the government for five years, after which the entirety is given back. It's not taxed, it's not skimmed, nothing. It's nothing more than a five year, interest free loan given to the government.
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Old 06-27-2014, 05:57 PM   #17
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Maybe, maybe not. The point is that the $800,000 is lent to the government for five years, after which the entirety is given back. It's not taxed, it's not skimmed, nothing. It's nothing more than a five year, interest free loan given to the government.
plus if they are not doing anything except use it as an insurance policy, they are actually costing tax-payers.

I believe they will have access to our roads, public services, health-care, old-age, etc, yet they are not paying a dime as they are not contributing to our society.
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Old 06-27-2014, 06:12 PM   #18
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he was born in montreal
But he was not a Canadian citizen he was a British citizen.
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Old 06-27-2014, 06:15 PM   #19
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plus if they are not doing anything except use it as an insurance policy, they are actually costing tax-payers.

I believe they will have access to our roads, public services, health-care, old-age, etc, yet they are not paying a dime as they are not contributing to our society.
Are you telling me these people don't eat or buy stuff while in Canada?
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Old 06-27-2014, 06:19 PM   #20
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Maybe, maybe not. The point is that the $800,000 is lent to the government for five years, after which the entirety is given back. It's not taxed, it's not skimmed, nothing. It's nothing more than a five year, interest free loan given to the government.
This would depend on how saavy the government is and how they use the 800k.

800k isn't a lot... lol, i thought it was in the millions. bleh.

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plus if they are not doing anything except use it as an insurance policy, they are actually costing tax-payers.

I believe they will have access to our roads, public services, health-care, old-age, etc, yet they are not paying a dime as they are not contributing to our society.
well, i'm pretty sure the rich spend a lot, and those spendings get taxed... the taxes they pay for shopping is probably more than most canadians ever make in their life...

so they are contributing... as long as they're spending money they're contributing.

my question is...

it was only 1500 people... that's like.. a drop within a drop of the ocean.

gululu is kinda right. they shoulda let those 1500 in and cut the applications off.

if it ain't the chinese coming in, it's someone else.

all this over egotistical nationalistic pride on how people should be converted and obey canadian "culture" gotta pull their heads out of their asses.
you'll grow old and bitch at the young canadians for not acting "canadian" the way you thought "canadians" were.

canada will change, and it wont care whether you like it or not.
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Old 06-27-2014, 06:22 PM   #21
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i mean seriously.

there's more than 1500 bums and crack addicts and other degenerates living in canada.
they're certainly not contributing to "canada" or being "canadian pride" or whatever the fuck.

it's not like we're tight on room. lol.

I wouldn't mind 1500 millionaires moving to canada. why not.

better than 1500 "normal" people moving in and becoming nothing but another fucking grey faced tax paying sentinel.

think about it... 1500 individuals. millionaires. if they even spend just 100k a year on "stuff"...

that's at least 16-20 million in taxes generated by them.

and i'm sure they spend more than 100k a year... that's a super low range estimate.

16-20 million in taxes per year minimum from 1500 people...

how much have u contributed to canada? lol.


the ego in this thread is out of hand lol.
somehow being here first or born here, suddenly you're more canadian?
what have you guys done?
contributed lots of money? paid tons of taxes?
come up with awesome ideas? started awesome companies and generated tons of revenue and employment?

no... you're just a fucking gear. like everyone else in this thread.
and the truth of the matter is, those rich asses are bigger gears than you. probably bigger than you'll ever be.

what "right" do you have to put yourself higher than them? you don't do as much on paper nor in real life.

you guys hate on rich asian kids cuz they're born into wealth and flaunt it or whatever... but do you not realise you're born canadian, and you're doing the same thing, but not with money... but with the culture? lol. you're acting like you own it.


so what? you don't like them horking up loogies and blowing snot on the road and driving their nice cars around?

i'm canadian.. i spit. and if i ever buy a nice car, i'll drive it around just like them. i'll do everything they do. and i'm canadian.

and others will do the same. you guys are just labelling them. the truth is that label can be applied on anyone, any race, any culture, any gender.

1500 millionaires.

i can sure think of 1500 degenerate backwater hicks that i'd rather not have in our country... and they're "rightfully canadian" too.

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Old 06-27-2014, 07:28 PM   #22
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^ so what if we are being hypocrites? They may contribute in taxes paid, but I feel they can be detriments in other ways that cant be compared in monetary terms, and whose to say it doesn't prevent more of them from coming in?

In all honesty it does come to conforming to our culture and values. You are right, I don't like their rude snot blowing ways, or their inconsiderate nature, lack of manners , greedy culture that values $ over all. I prefer the canadian culture and I want to keep it that way. It may appear as discrimination, but I view it as a culture discrimination. They are viewed in a negative light even from their own people. disclaimer - I am asian.

Guaranteed you if this was 5000 rich applicants from places like Switzerland, Germany, Sweden etc not one person would be bitching.

Similar issues are happening with immigration in european countries when new immigrants that are much different do not conform. There are rich iranian, russian kids living here driving nice cars right now and you dont see us complaining about them?

Last I remember our country is a democracy where the majority of people are Canadians with canadian values, and so what if we want it to be that way, whether it's rational or not?

We cant do much with the hicks that we already got here, but we can do something about the people that are not here yet.

I apologize if this threads on the line of being a bigot or racist, and mods please remove it if it is, it is not my intention, I was just stating it as I see.
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Old 06-27-2014, 07:39 PM   #23
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there's a saying that money cant buy you class. and I understand a lot of these people were from working poor or farmers and now they are super rich millionaires, but if they can just be educated on not defecating or urinating in public, Budging in lines, not throwing their garbage in their condo lobby etc, I think less people would be having issues.

I think it will just take a generation or two, just like with other immigrants that have came here in the past
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Old 06-27-2014, 07:47 PM   #24
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^ so what if we are being hypocrites? They may contribute in taxes paid, but I feel they can be detriments in other ways that cant be compared in monetary terms, and whose to say it doesn't prevent more of them from coming in?

In all honesty it does come to conforming to our culture and values. You are right, I don't like their rude snot blowing ways, or their inconsiderate nature, lack of manners , greedy culture that values $ over all. I prefer the canadian culture and I want to keep it that way. It may appear as discrimination, but I view it as a culture discrimination. They are viewed in a negative light even from their own people. disclaimer - I am asian.

Guaranteed you if this was 5000 rich applicants from places like Switzerland, Germany, Sweden etc not one person would be bitching.

Similar issues are happening with immigration in european countries when new immigrants that are much different do not conform. There are rich iranian, russian kids living here driving nice cars right now and you dont see us complaining about them?

Last I remember our country is a democracy where the majority of people are Canadians with canadian values, and so what if we want it to be that way, whether it's rational or not?

We cant do much with the hicks that we already got here, but we can do something about the people that are not here yet.

I apologize if this threads on the line of being a bigot or racist, and mods please remove it if it is, it is not my intention, I was just stating it as I see.
Logged in just to thank you, while no I don't think what you said is "politically correct", I think being politically correct is load of bullshit anyways.

Some might say its racist, but is it racist when you are of the same culture? I'm Chinese myself and I can't stand some of this snobbiness and nose in air attitude from some of these people.

There are a lot of great Chinese immigrants, but this crowd that comes in through this program is not the crowd that we want to see. On top of that, the "more taxes" argument does have holes in them. These new immigrants don't necessarily spend all their time here. If anything they still spend most of their time and money back in China, they don't generate any value for the economy.
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Old 06-27-2014, 08:03 PM   #25
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i mean seriously.

there's more than 1500 bums and crack addicts and other degenerates living in canada.
they're certainly not contributing to "canada" or being "canadian pride" or whatever the fuck.

it's not like we're tight on room. lol.

I wouldn't mind 1500 millionaires moving to canada. why not.

better than 1500 "normal" people moving in and becoming nothing but another fucking grey faced tax paying sentinel.

think about it... 1500 individuals. millionaires. if they even spend just 100k a year on "stuff"...

that's at least 16-20 million in taxes generated by them.

and i'm sure they spend more than 100k a year... that's a super low range estimate.

16-20 million in taxes per year minimum from 1500 people...

how much have u contributed to canada? lol.


the ego in this thread is out of hand lol.
somehow being here first or born here, suddenly you're more canadian?
what have you guys done?
contributed lots of money? paid tons of taxes?
come up with awesome ideas? started awesome companies and generated tons of revenue and employment?

no... you're just a fucking gear. like everyone else in this thread.
and the truth of the matter is, those rich asses are bigger gears than you. probably bigger than you'll ever be.

what "right" do you have to put yourself higher than them? you don't do as much on paper nor in real life.

you guys hate on rich asian kids cuz they're born into wealth and flaunt it or whatever... but do you not realise you're born canadian, and you're doing the same thing, but not with money... but with the culture? lol. you're acting like you own it.


so what? you don't like them horking up loogies and blowing snot on the road and driving their nice cars around?

i'm canadian.. i spit. and if i ever buy a nice car, i'll drive it around just like them. i'll do everything they do. and i'm canadian.

and others will do the same. you guys are just labelling them. the truth is that label can be applied on anyone, any race, any culture, any gender.

1500 millionaires.

i can sure think of 1500 degenerate backwater hicks that i'd rather not have in our country... and they're "rightfully canadian" too.
Again who is to they will spend or even stay in Canada? Can you be 100% sure they will not stay in China and make money there while leaving their family here using our social programs for free because the husband is the one who makes the money and since the wife don't work therefore she doesn't pay income tax so is consider as low income which means they don't have to pay for health care etc etc..... How about the husband move all his families here and the divorce his wife thus leaving us tax payers to foot the bill for his wife and his children and his parents but in reality he is still giving them money to use?

What have I done? Well at least I learn to speak English instead of complaining that people SHOULD speak Chinese because I refuse to even try to learn a bit of English to get by.

Oh and Ulic having money doesn't mean they are a better class then anyone else. True billionaire also have class and certainly wouldn't spit on the ground and go around acting like a bunch of assholes. Instead of complaining the true billionaires would actually think of other ways to be become Canadian citizen by using other investment programs that we offer.

Oh and I am more Canadian because I actually speak English, can sing the national anthem, watch hockey and at the every least can name all the provinces and territories of Canada.
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