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Australian Immigration Daily News
Breaking Australian immigration news brought to you by Migration Alliance and associated bloggers.
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Cap and Cease for 175, 176 and 475 visas now in effect
All visa applicants who have been patiently waiting in a queue for the Skilled Independent subclass 175, Skilled Sponsored subclass 176 and Skilled Regional Sponsored subclass 475 are now subject to cap and cease.
Cap and Cease starts today 22 September 2015 and the total has already been reached.
Any applications for these visas which were not finalised before today are taken not to have been made.
The DIBP will be repaying the charges back to the applicants.
It will take about 15 weeks for the DIBP to return the funds.
For more information please see this link:
http://www.border.gov.au/Trav/Work/Work/CapandCease
Migration Alliance, our RMA members and our clients are outraged at this decision. One particular agent, Robert Chelliah would like to share his sentiments below:
I am disappointed that MIA merely transmits, like as postman, this questionable gazetted notification from the Department without a squeak of concern from MIA. The Minister may have exercised his lawful power to gazette that “in these subclasses will be taken not to have been made and will have their full visa application charges refunded.”.
On behalf of MIA members, who have to answer to their very disappointed clients, is this a just and a fair treatment to clients who have been waiting for 7 years or more with some hope. It is utter disgraceful that the professional body has chosen just to act as a obedient acquiescing body to the department. This I consider is unjust, inequitable, abuse of Ministerial power for failing to give proper consideration to members of the public and its Agents within the concept of “offer and acceptance” once a valid application has been made. I suggest that the MIA seek proper advise on seeking redress on this abusive and unjust treatment of clients who had made a valid application with a assurance of proper resolution to the application.
On behalf of many RMA and their clients I expect the MIA, as a leading professional Body, to explore how the Minister can be called not to abuse his power by hiding behind lawful power to gazette.
I expect MIA, and hopefully the MA, to make public protest on this.
Migration Alliance stands strongly in opposition to this decision by the DIBP.
Comments
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Sunday, 04 October 2015Legitimate expectation is a ground to argue on state arbitrary unjust unreasonable decision. I lodged visa in 2009 and affected of this cap and cease application. I am lawyer working in human rights rule of area it is a shame to silent on this. Looking forward to connect with the protest...
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Wednesday, 07 October 2015
Same is the case with us
Applied for skilled sponsored subclass 176 way back in year 2009. During this time I have improved my qualifications as well. Currently I am a doctoral candidate in STEM education (USA).
Looking forward to a reasonable way out to persuade immigration officials ! -
Wednesday, 07 October 2015
Write as many letters and emails as you can
We need to fight this somehow as its just not humane in my eyes -
Wednesday, 07 October 2015
Continued patronage the mere dissemination of some provision is a breach of offer and acceptance,cap and cease order is not substantively sufficient.
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Saturday, 10 October 2015
Iam Andrew Jebasing iapplied in 2008 nov hoping to get pr after 7 yrs rejection digection to me can i appy in some other visa for pr AUS C ould AUS RE CONSIDER THIS CASE
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Saturday, 10 October 2015
Christopher Levingston, immigration lawyer is running a high court challenge against the cease and cap ruling. Christopher@levingston.com.au
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Saturday, 10 October 2015
Well i no what we have to do now and thats fight this in court
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Monday, 12 October 2015
Extremely disappointing and unfair. We have been waiting for the last 7 years, and have put everything on hold here , and investing in ourselves and the children, readying ourselves for our future in Australia, and now this!! I home good sense prevails and this draconian decision is reversed in some way benefitting all the applicants for have genuinely looked forward to a life in Australia.
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Wednesday, 14 October 2015
Request for support
Those who think at least raising one's voice against injustice is everyone's right and we are doing the right thing, please sign,
I just signed the petition,
"Federal Government, Immigration and border protection: Valid Family Sponsored Skilled Visa applications 175,176 and 475 ceased after 8 years in Limbo." at change.org.
Here's the link: https://www.change.org/p/federal-government-immigration-and-border-protection-valid-family-sponsored-skilled-visa-applications-175-176-and-475-ceased-after-8-years-in-limbo?recruiter=229811921&utm_source=share_petition&utm_medium=facebook&utm_campaign=fb_send_dialog
I think this is important. Will you sign it too?
Thanks -
Wednesday, 14 October 2015
It is going to take more than just signing a petition to protect your rights.
You have to take action before the justice Courts. That is what they are there for. To decide what is the 'right thing'. Contact Christopher@levingston.com.au (see above).
You must "turn up" in life, otherwise decisions affecting your own rights will be made by other people. -
Monday, 19 October 2015
I am an australian citizen . My sister applied for offshore immigration after waiting for 6 -7 years they replied that their application is under cap and cease.
Is there a way to appel in this context. -
Saturday, 31 October 2015
I've applied subclass 475 (family sponsor) in July 2008 through the lawyer agent in Sydney. I rang him twice asking for my case that under cap and cease or not.? Then he told me that until now he's not received any letter from DIAC yet. So please tell me how to check for my case is under cap and cease. Should I ring to DIAC directly to ask for my case or continuing waiting from my lawyer agent? Thanks so much. x
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Sunday, 01 November 2015
Hi Alex
I have three clients caught up in this mess up situation. Two of them have received the notification and one has not received any notification. WE only hve the lodgement receipt number and client ID but no case officer allocated since 2008. My clients took the offer of the Australian government with the expectation that their visa application will be assessed according to the prevailing criteria. Implicitly it was an offered and acceptance contract executed in good faith. The small finer print of the Ministers lopsided power was overlooked/not made aware of/ both by the visa applicant an the me as the agent. Could the client not sue me ( I and my professional indemnity insurance is valid) and the Australian government for having made an offer and collecting the payment in advance in bad faith.
Our professional body the money making MIA too had acted in a most arrogant manner when the Minister had sought the President's opinion and the President, a poodle pet of the department, took it upon her to be complicit in the disgraceful process. So, the MIA too is culpable of the damage to people's lives.
I cannot encourage my client to sue me as this might violate the terms and conditions of the insurance. -
Monday, 02 November 2015
Yes, it is disappointing to find out that the MIA knew about the cap and cease 2 weeks before advising members.
I don't recall getting any MIA notice prior to the Department's public announcement.
Given the number of MIA members negatively affected by this purported determination, it would have been nice to know the content of these discussion earlier rather than now. It would then have been possible for MIA to make representations expressing its members concerns before a determination was made.
It would also be appropriate for MIA to now brief counsel and receive advice as to what are the prospects of success for a High Court challenge. And if it is found the determination is invalid, what are the prospects for a new approach given the recent political changes. -
Wednesday, 04 November 2015
The Government has missed a point - all SC 176 applicants have been sponsored by Australian Citizens or residents. How many Australian families are devastated by this decision ? Initially, Skilled Sponsored Visas were in priority, and duringthe processing, they changed the goal-post. Do you think the Australian Voters (Sponsoring Families) will ever consider voting to this Government ? I have been approached by many Liberals Supports (hard liners) who have now vowed to support Labours. What a mess !!
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Tuesday, 15 December 2015
I'm just wondering whether the Government will refund the visa application charge with interest over all those years they've had my money? It's been 8,5 years, I'd like to have my interest over those years.
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Wednesday, 27 January 2016
When we lodged the application, it was in SOL. Because it took them a very long time to process the application, it was already removed from SOL.
Why did it take 5 years and 7 months for an application to be assigned to a case officer?
If there was a queue based on first come first serve processing of applications, surely our daughter could have been processed already.
Seriously, there is something wrong with the way applications are being processed. Are applications randomly selected like a raffle ticket?
Why is it, that after accepting our application 5 years and 7 months ago, we are now being told that our application is now taken to have never been made?
We are devastated. This is not fair. As Australian citizens we feel that communication has not been forthcoming from the department, in timely fashion, let alone to be told the application was never made!
We have been in this country since 1999. We love this country. We work hard and would want to be together as a whole family here. We strive to do our duty as a responsible and productive citizen of Australia. We want our children and grandchildren to live here, to work and help build the Australian economy and strive to make Australia a great and progressive nation. -
Friday, 25 March 2016
Hi all,
Is there any update on what's going to happen?
If we ask for a refund of the fee probably it will not be a good idea?
If a court case has been lodged - what happens to hundreds of others who may not have wished to sue the govt? Would they be left out ? Thanks for any update anyone may have -
Thursday, 05 May 2016
I think the Australian Government is total crap. They change rules whenever the new minters comes in. they don’t give a dam with are worries and issues and they know we can’t do a thing. I have been waiting for 8 years and all me and my family did was wait the agent was no good either. Why take new visa applications every years when they have not granted the visa from the previous years. I think it just all money making by the Australian Government get the overseas people money and run their show. I think we would have got more money if we would have invested in a bank. Holding our money for so many years so no benefits just heart breaks and disappointment for all of us and our families you waited early to join their family in Australia. They give visa for people who come by boat give them a place to stay. So we all should know by now their law and government sucks.
Immigration blog
Hi, I am from Iran and have same problem, My application been lodge on 18 Nov. 2008 and I did health and police clearance by April 2014 and now !!! facing cap and cease action!
My agent said the only possible way for appeal can be done in a large group of people..
We are the people have the power to arise a case against them!!!