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Earlier quoted context omitted.
I take it you are unfamiliar with the legal process of "discovery" https://en.wikipedia.org/wiki/Discovery_(law)
I wonder, is there a precedence of applicant dragging the company to court over their response to such request?
In the US a lot of these are pseudo postings for immigration applications. They are technically posting the job, but in pt 3 for on page 72 of a random newspaper in a hope that nobody sees it and applies so they can say “we couldn’t find anyone so we need a visa/green card.” That’s starting to get cracked down on, but it’s been a mess and a sham for a while.
My guess is that most of these jobs actually exist, in the sense that if a stellar candidate were to present theirselves, the organization would find a way to hire them.
I worked at a company where managers would endlessly push this argument to open a job posting. Of course there was no budget to hire, but they would delude themselves that the perfect candidate was out there and they'd 'be able to make a case' for the budget with the stellar application in hand. Of course they had no idea what that actually entailed otherwise they would do it in advance. To HR's credit at that compan…