Cap and Cease High Court challenge

Comments

Azra Feroz Wednesday, 14 October 2015

Hi Chris,
My brother has waited 7 plus years for his visa and now they are refunding his money without offer of visa. It's a shame crushing people's hopes.

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Sean Silva Wednesday, 14 October 2015

I too put my application in 2009, and this is just crazy that now we are told our application is made to be not made????? Is this the way you handle people who are trying to come through the proper systems?? This is indeed great news and this should not stop until proper justice is achieved for all those who have been waiting for so long.

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GSM475 Wednesday, 14 October 2015

Request for support
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

Those who think at least raising one's voice against injustice is everyone's right and we are doing the right thing, please sign!

Thanks

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puja maurya Thursday, 15 October 2015

If you guys want to figh this out, join the Facebook group of people who are fighting this. Name is GSM 176, 175,475- Forgotten visa. You can inbox your details to princemaurya@yahoo.co.in
So we can include you in our mail trail. we are in talks with this lawyer as well.Thanks, puja

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Imogen of Bellbird Park Qld Thursday, 15 October 2015

Yes, the link is not working. We need to get our voice heard.
What the Assistant Minister has done to us is UNLAWFUL.
Like you, we lodged our application nearly 8 years ago now.
They were happy to take our application money and get other industries employed by going through all the requirements but they do not even do anything to our application.
What they have done is illegal. They do not have the right to just disregard our applications which were done through the correct channels.

Thank you Chris, Immigration Department needs to restore proper procedures and apply timely and correct assessments on our visa applications so we can restore our faith in the Australian government. This is wrong. This is so unAustralian. Please do not stop getting this decision reversed. We fully support your action. Thank you so much. You are giving us hope.

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MD Anwarul Haque Dhali Thursday, 15 October 2015

HI Chris, Move on. We always with you. Hopefully you will be win.

Thanks

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shashi Friday, 16 October 2015

6 years of waiting .. loosing on some opportunity along ...
It is just not right . Thank you for taking this up .

Hope some good thinking and just action taken by the department .

Thank you for taking this up

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LM Saturday, 17 October 2015

Thanks Chris. we appreciate your efforts and the necessity to challenge arbitrarily decision by
minister.

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Ker Li Tuesday, 20 October 2015

Levingston has a good lawyer's heart whilst sadly 99.9% of lawyers are just "cold and timid souls" with a fiercely, heightened self-serving streak. That out of the way, now let us look at the figures.

There are 16,000 capp and cease applicants as per the radio interview transcript. At $5k entry charge per person, that makes a theoretical max of $80 million in the kitty. All the lawyers and QCs involved are not going to be worth this 'windfall'. Levingston, will there be an equitable return of excess funds to the participants regardless of the outcome (but especially failure), and if so, what is the formula to do this?? Seems a fair and conscionable question.

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Tom Tuesday, 20 October 2015

Hang on, you are unrealistically saying that 16,000 people are going to challenge the decision, alot of people have given up.

no one is going to make 80 million dollars from this case, barristers fees are going to be in excess of 100k and up, if queen or senior council is involved.

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Liza Tuesday, 20 October 2015

I tried to open the link too to sign the petition. It's not working. Maybe someone can start a petition through www.Change.org
Start a petition

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imogen Wednesday, 21 October 2015

Hi. The petition is in change.org website. I couldn't find it too at first but if you search fo it, it will show up. I'm not sure if the link below will work. Goodluck

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=406901291&utm_source=share_petition&utm_medium=copylink

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Christopher Levingston Tuesday, 20 October 2015

Dear Ker Li,

Thanks for the maths and the advice.

Why don't we wait to see what the advice of Senior Counsel is on prospects and then once we have done that how many people we can get to join the representative action.

Then we can start figuring out the "equitable return of excess funds to the participants regardless of the outcome". (Your words not mine).

I think we are still in the planning phase and I am trying to resist the temptation to count my chickens before they hatch. The issues are complex and the risks are enormous.

Perhaps you would like to run the matter?

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Ker LI Tuesday, 20 October 2015

Chris,
I was intending to open a thoroughly rational and logical debate, and not impugning anything. In fact I said what I truly thought were some very kind words about your goodness even if we have not met, and I know sadly in this wonderful cynical world today, much too often the truth can be "twisted by knaves to make a trap for fools" (Kipling, to ensure no plagiarism).
So please don't ruin the debate with trite distractions. And get on with the good idea you have brought up. No I would defer to others who are vastly better placed to run the case, both from a legal and more importantly, political perspectives. I genuinely wish the mission you are leading well for nothing more than the need to 'do justice and equity' for the 16,000 most of whose lives I bet are often about being directly/indirctly ridden rough shod over by the 0.1% well heeled. And also to give the 99.9% useless pollies a good ‘bunch of fives’ in the nose. (Just ask the 99.9% of the people who know the essence of what I am saying). Let's move on to the big picture, and let’s hope you and the QCs do a good job. I wish the team well.

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Puja Maurya Tuesday, 20 October 2015

Request for support
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?source_location=petitions_share_skip

I think this is important. Will you sign it too?
Those who think at least raising one's voice against injustice is everyone's right and we are doing the right thing, please sign!

Thanks,

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wincy dsouza Wednesday, 11 November 2015

I just signed the same thank you for the link

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Christopher Levingston Tuesday, 20 October 2015

Thanks again Ker Li please also give my regards to Murray Rivers you two have a lot in common.

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Mohammad Ziaul Karim Friday, 23 October 2015

Dear Cris

When can you go for high court file against cap and cease. Justice delays justice denied.

This is totally unfair to implement cap and cease to the applicants specially keeping them in wait for more than 7 years. We have been waiting since 2007 believing the commitment of department of immigration that our application will be processed.

I have applied in visa subclass 176 (Relative sponsor) on 21st October 2008 after fulfilling all the criteria prescribed by the department of immigration during that time. The application was lodged lawfully. The application was also accepted by the department with VAC (visa application charge) and was told in the department’s website that it will be processed within 12-18 months. After that my application (including others in priority 5) has been pushed back to priority 4 with thousands of other applications in 2009. We were told that time that our application is less likely to be finalized before the end of 2012. We kept faith on department’s instruction and remain waiting patiently.

In 2012, new immigration minister again change the law and implement priority processing and again pushed us back to priority 5 from priority 4. Again the department told us that the implementation of new priority processing will not impact our application negatively. For the last 7 years we have been told that our application will be processed after processing application in the higher priority group.

I including all other applicants of priority 5 were dreaming that we will get our visa approved and reach Australia one day. But, everything has ruined now after implementation of cap and cease for visa subclass 175, 176 & 475. This is really disappointing as we are falling down of getting such treatment from a country which believes on fair go.
One thing needs to remember here is that we have better chance to settle in Australia than any other types of migrant as we have our family members there to support us till we get job and become settle their. Department need to consider it.

Laws are made and used to protect the right of people and provide justice to the people. But, in our case the law cap and cease used to make injustice not with us but also with our sponsor who are Australian citizen..

I am writing some important issues that need to be considered to give us justice regarding our applications -

Points to be noted:

Invalid justification regarding implementation of cap and cease:

For the last 7 years they pushed us at the bottom of the queue with the explanation that “Our job is currently not in the skilled occupation list. Therefore, we are less likely to get a job in Australia if we permanently migrate to Australia” But, at present there may be approximately 6000 primary applicant representing 16,000 people including their family member left (15,500 primary applicant was there with a total people representing 31,000 due to having wife and children when priority processing declared in 2012) in this group (Visa subclass 175, 176, & 475).

If we guess, these 6000 people applied in 60 different skilled occupation then only 100 people represent from each occupation on an average. Is this believable that these 100 people will not get job in their respective filed if they migrate permanently to Australia. We still found job vacancy in various job sites in Australia in those fields where the people of this visa subclass 175, 176 & 475 belongs. Moreover, these people can also get job in their closely related field they applied. They have processed approximately 25,000 applications (As there was approximately 31,000 applications which was classified as priority 5 application in visa subclass 175, 885, 176, 886, 475 & 496 representing 61,000 people in total when priority processing declared in 1st July 2012) in the last three years. What happened with them? This is absurd to believe that they are now jobless. Definitely they have arranged job in their respective filed or closely related field. Then what is our fault? Our only fault is we are offshore applicant. Otherwise, all the onshore applicant both relative and state sponsored have been processed. Funnier thing is that the department is still processing application of visa subclass 886 which belongs to priority 5 group. So, the justification of cap and cease our application (Visa subclass 175, 176, & 475) is totally in valid.

I have applied as a Sales Representative of Pharmaceutical Product. Is it believable that there is no job in this category in Australia? People are not getting job in Australia in this field. The job may not be in the SOL but jobs are there. If remaining priority 5 applications that has been caped and ceased are sorted than maximum 100-150 applicant will be found who has been applied as Sales Representative of Pharmaceutical Products. Do you believe this 100-150 people will not get job in Australia in their respected field. This is really Unbelievable. This is also applicable for other applicants with their selected job remaining in the priority 5 applications.

How a lawfully lodged application can receive such outcome:

It is acceptable that lodging a valid application doesn't give assurance of getting visa approved. But, it is very usual that a lawfully lodged application with the DIBP (Department of Immigration and Border Protection) should be processed. The outcome of processed application may be positive or negative and this is acceptable. Immigration department must process lawfully lodged application if they believe on fair go. Applicants are human being not business object.

Discrimination between onshore and offshore applicant:

We the offshore applicant received huge discrimination. It was published in the department’s website that onshore and offshore application from same priority group will be processed simultaneously. But, the department violet this rule when they start processing Priority 5 application. They started to process onshore application (visa subclass 885 & 886). Moreover, the department also made discrimination between state and relative sponsored application within priority 5 application. They started to process state sponsored first (Visa subclass 175 & 885) keeping relative sponsored group (Visa subclass 176 & 886) in wait. Finally, after processing almost 75% application from priority 5 group in the last 3 years they implemented cap and cease on rest 25% application. This type of discrimination is totally unacceptable from a country like Australia which country is well known for justice.

We the applicants of priority 5 application have been treated as business object rather human being:

Department has treated us as a business object rather human being. They received our application fees, kept our money and used the interest that has been acquired in these 7 years from that money. Moreover, through cancelling our application they will be able to give the places to new applicants. As the application fees is 2 to 3 times higher than previous (our application fees) department will be able to collect more money now. What a great business violating the right of a lawfully lodged application.

Can the department return our lost 7 years:

The department of immigration kept us and our Sponsors (our family who are Australian citizen) waiting for 7 years. This was the only chance for us to reunite with our family member. Both we and our family member who is now Australian citizen planned to pass rest of the life altogether. Now, our dream has become a great joke.

They are now trying to hide their inefficiency behind cap and cease:

The entire backlog that has been developed since 2009 was just the result of inefficiency of some people working in the department of immigration. If our job was not in the SOL then why they had accepts our applications in 2007-2008? Why they have kept us waiting for 7-8 years? Why they told in these 7-8 years that our application will be processed? Why all the changes that took place in the last 7-8 years affected our application? As we know if a new change take place in immigration process that does not affect the application that is lodged before the date of implementation of new law. But, every change affected our application drastically. Is this legally accepted?

How can they do such an unlawful behavior with lawfully lodged application:

We lodged our application in 2007-2008 fulfilling all the required criteria. The department accepted our VAC and application. Start processing and kept us in endless waiting for 7-8 years. After kept us in waiting for 7-8 years the department now realizes that it is not fair to keep us in waiting for more. How funny is this? Is this fair go?

How can they justify this as fair go?

Is this fair in any sense to give such decision against application that has been lawfully lodged 7-8 years back. If we knew this within 1-2 years of lodging our application, we could have planned to migrate to some other developed countries like Canada, UK and Newzeland etc. But, the department did not do that. They kept us in waiting and dragged our application for last 8 years and gave hope that we will be processed. And, like a fool we kept faith on the department’s commitment and remained in the waiting queue. By this time we get older. Now they told us about the decision of cap and cease and suggest applying in other visa subclass. In this age this is not possible to meet all the criteria to apply not only in Australia but also in Canada, Uk or Newzeland. So, literally the department made us ineligible to apply to migrate in any other country.

Are we less qualified than the asylum seekers?

We have adequate respect and sympathy for asylum seekers. But, what is our fault? Are we less acceptable than people who are coming illegally through boat or asylum seekers? But, does anyone have sympathy for us. We have lost valuable 7 years time, opportunity to migrate to other countries and the chance to reunite with our family members who are Australian citizen just due to inefficiency of some people of immigration department. Australia is accepting asylum seekers for casualty of whom Australia is not responsible. But, who will take our responsibility? We have been severely affected due to injustice that that has been done with us in the name of cap and cease. We kept faith on their words that our application will be processed and waited patiently for the last 7 years. And, we have been rewarded in this way. This seems department is now encouraging us to reach Australia through boat or and other illegal way as they are unable to process our valid application.

The department has done injustice not only with us but also with our sponsors who are now the citizen of Australia.

My brother who is my sponsor is waiting for last 7 years to meet with me in Australia and he had lots of plan and now all ruined. He is very frustrated with the result. My brother has moved to a bigger house so that I can share accommodation until I settles (get job) in Australia. Kids of my brother (2 daughters) are also waiting to see their uncle and they always ask my brother about me. My brother hasn’t told them about the injustice with me because they can't accept this and will develop negative impression about the government.

Best Regards,

Mohammad Ziaul Karim
Visa Subclass 176

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Rehana Khan Saturday, 24 October 2015

Very well said Mohammad Ziaul Karim, by making us wait so long they have made us ineligible for migration to any country and have not given any valid justification. If onshore 886 and 885 and offshore independent visa classes in Priority 5 were deemed eligible while they had the same set of skills and jobs, why are we only cheated and denied processing?
We have family to support us for God sake and that family is Australian voter and taxpayer. They are denied a chance to better lives by ending a chance to unite with their families (us) .
Heartless politicians!

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Mani Nair Tuesday, 27 October 2015

Dear Chris

Only a person such as yourself could take up the cudgel on behalf of so many. You are the true voice for the voiceless. You are truly an inspiration to all of us. I salute you. So would many.

So, I say, press on. The prayers of many are with you and your team. May the Lord strengthen, protect and guide the team.

I have no doubt that History will smile on you and your team.

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Cap and Cease High Court challenge

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Cap and Cease High Court challenge

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