The former acting minister for immigration may not have had the power to issue the order which effectively cancelled the visa applications of some 16,000 foreigners.

In one of her last acts as assistant immigration minister, Michaelia Cash ruled that an annual cap of 284 places for three types of skilled migration visas - namely sc 175, 176, and 475 - had been reached, and all outstanding applications "are taken not to have been made", or cancelled without a trace. There was no consultation or consideration given its impact on the thousands who waited patiently for up to 9 years - just indifference.

There has been talk of High Court action to challenge the order by many since the instrument came into effect last month. Now the first salvo is set to be struck. Immigration Law Specialist and Migration Alliance Treasurer, Christopher Levingston is in the process of planning High Court proceedings to challenge the acting ministers order on the basis that she simply did not have the authority or the power to cease and cap these cases.

Despite the significant impact on the lives of so many people the department of immigration has maintained an attitude of indifference to the plight of all those affected by this sudden decision.

A DIBP spokesperson downplayed the impact of its decision on thousands and told the ABC that the skilled migrants affected were a "low priority" category and would have had trouble finding jobs here.

“Most of the offshore applications in Priority Group 5 were for occupations that are not currently in demand on the Skilled Occupation List.

“This means that they would be less likely to get a job if they migrated to Australia permanently,” the DIBP spokesperson told the ABC.

Christopher Levingston told the ABC that people's applications should have been given consideration.

“What it does is it wastes this resource of all these people who are highly qualified, all of these people who have been waiting in some cases up to eight years to come to Australia while these applications have been languishing,” said Mr Levingston.

He was of the opinion that the assistant minister did not have the authority to issue the ‘cap and cease’ order:

“She's an assistant minister and there is a case in the High Court decided some years ago and it turns upon the appointment of the assistant minister,” Mr Levingston told the ABC.

All candidates for any visa ceased or capped (ie sc175, 176 and 475) are being invited to join the action and can do so by contacting This email address is being protected from spambots. You need JavaScript enabled to view it.