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Cap and Cease High Court challenge
UPDATE: Unfortunately the Cap and Cease matter has been dropped as there was not enough interest.
Latest news: Today's radio interview on ABC
Following the pre-emptive Cap and Cease strike by the Assistant Minister and the complete lack of consultation, proceedings have been commenced in the High Court challenging the legal basis of the cease and cap.
All candidates for any visa ceased or capped (ie sc176 and 475) are being invited to join the action.
Other proceedings concerning all criminal deportation and non revocation of cancellation will also commence shortly. Professional costs inclusive of the High Court filing fees are set at $5k. Any enquiries to me This email address is being protected from spambots. You need JavaScript enabled to view it.
Persons ceased should not ask for a refund from DIBP if they intend to fight the matter.
Christopher Levingston BA LLB
MARN 9301108
Accredited Specialist Immigration Lawyer
Comments
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Thursday, 05 November 2015Hello we would like to join the action. How much is it and how should we join it?
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Friday, 06 November 2015
Ana, write directly to Mr. LEVINGSTON at christopher@levingston.com.au, he will keep you informed of developments.
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Saturday, 07 November 2015
Please sir go forward we will be with you.
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Saturday, 07 November 2015
Could you please provide the correct link to make our petition.
Thanks -
Monday, 09 November 2015
I put on an FOI request chasing down the external consultation with stakeholders referred to in the explanatory statement underpinning the Legislative Instrument.
The reply I have received spells out what actually happened:
"I refer to our correspondence below. I have confirmed with the relevant business area that the department did not consult with external stakeholders as clarified in your email on Monday 2 November 2015:
External stakeholders means persons or organisations not in the Australian Public Service and not clients who subsequently received the cap and cease letters.
External stakeholders would include the Migration Institute of Australia, Migration alliance, NGO’s etc
On the basis that no such consultation occurred, there are no documents within the scope of that component of your request. "
So...for the record..NO EXTERNAL CONSULTATION. -
Monday, 09 November 2015
Hi Chris, does this mean we have a solid case forward ?
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Monday, 09 November 2015
Dear Chris
I have faced the same problem, after waiting almost 6 years I get a letter giving disappointing news, I have emailed the same to you separately, kindly advise how and what should be the next step. Regards Wincy -
Tuesday, 10 November 2015
Excellent! I do live a good class action - will try send some complainants your way!
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Tuesday, 17 November 2015
Hi Chris,
I hav faced the same problem. Go ahead . we will be with you. hope for justice ! -
Tuesday, 24 November 2015
Hi Chris,
Thank you so much for fighting this case for us.
Do you mind sharing with us the comments of the senior counsel ? Still optimistic ?
Thanks -
Tuesday, 24 November 2015
I had a meeting with Counsel who told me very nicely that I was wasting my time with my Kay Patterson exparte Taylor, Ministers of State Act argument. It was one of those "novel argument" but no cigar! However, the good news is that "improper purpose/denial of procedural fairness" has reared its head so we are proceeding on that basis. Also there is an express prohibition on a representative or class action in the High Court by reason of section 486B of the Migration Act.
I am currently working on an advice to all candidates as well as a fee agreement under the uniform law which will allow us to proceed. -
Wednesday, 25 November 2015
Thank you Chris. We look forward to hearing the good news from you soon.
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Sunday, 17 January 2016
Hi Chris
Any update regarding cap and cease challange?? -
Monday, 18 January 2016
Dear Colleagues and potential candidates.
We are ready to proceed and I have been sending out letters of offer to form the relevant "class".
If anyone wants to received a letter of offer can you please email me and request one. Please use the header "Cap and Cease"
My email address is: Christopher@levingston.com.au -
Monday, 18 January 2016
Hi Chris
What about visa class BN 136,137 ceased under same act in 2010.any suggestion please. -
Tuesday, 19 January 2016
Dear sir,
I have applied 475 visa for my sister in law, relative sooner.
How can I join you?
Thanks -
Saturday, 06 February 2016
Dear Mr Levingston,
If I have not joined a legal challenge so far is it too late?
If there is a court decision over turning Sentaor Cash's ruling what happens to applicants who may not have joined a legal challenge?
Also, if we request the department to refund our application fee then even if a decision to overrule the cap and cease decision gets made then those of us that withdrew the money and therefore without a valid application may end up not receiving anything isn't it,
Over to your thoughts.
Thanks and regards ,
Aur Batao -
Sunday, 07 February 2016
If you want to see a letter of offer....it is not too late.
Please send me an email and I will send you a formal letter of offer.
I will be away from Sydney for 2 weeks as I am running a criminal trial in Melbourne. I will try my best to attend to any outstanding request for letters of offer...but it will probably take a few days. My email address is christopher@levingston.com.au -
Monday, 09 May 2016
Hi there any updates regarding cap and cease high court challange??? No news since long...hope to listen from you soon.
Regards
Immigration blog
No update till now