You may recall that when the legislative instrument was signed off by Senator Cash with the effect of cease and capping 16000 group 4 and 5 candidates; there was a reference to internal and external stakeholder consultations buried away in the explanatory statement.
I issued an FOI request seeking the following:
Details of "internal stakeholder consultation and "external" stakeholder consultation referred to in paragraph 6 of the"explanatory statement" underpinning Legislative Instrument IMMI 15/112.
I have just received a reply which in a round about way tells me that there were NO EXTERNAL STAKEHOLDER CONSULTATIONS.
I must say that I am very surprised that the Assistant Minister would not have asked, before signing the legislative instrument...so who did you speak to?
Pinnochio is very upset.
Senator Cash acted without consulting the ones who are actually affected by her irrational unlawful unjust decision.
Senator Cash acted without considering the lives of the relatives leaving here in Australia hoping to have their families here with them and the applicants who have been dreaming to be here. Hard working applicants, not dole bludgers. We do not ask much. We did the right thing by applying and going through the requirements, submitted every paper the Immigration Department required, covered all points to make sure the we, as applicants are worthy and qualified to be part of this community.
We request that this decision be reversed and be stated that if Senator Cash really thinks it is necessary to stop visa applicants of 175,176 and 475, it should affect applicants from Sept 2015 and not the ones who had filed 7-8 years ago. Any application prior to her decision should be processed and not just thrown in the bin.
Senator, it is 7 years of our lives that you are wasting. It is not just days or weeks. It is a large number of years of our lives.
PLEASE PLEASE CONSIDER OUR PLEA...
That will depend on at least 2 things happening, first that the action concerning the cease and cap is won and that the subsequent action regarding unreasonable delay is also won, then and only then will you have a chance of getting PR. The advice of Senior Counsel is still on its way...so at this stage still slowly slowly...The good news is that actions in the High Court are not the subject of limitations in terms of the time for the filing an application, so i think it is fair to say we have a bit of time up our sleeves.
We applied in 2009 from Dubai via an agent paying all fees and costs, and waited a long long time. Our agent in 2009 mentioned our papers will not take much time, but it automatically did ?
A few month back we engaged a new agent based Adelaide and payed agent fees AGAIN, hoping they can update us on the progress and updated our circumstance as we had two children since. Also since Priority 4 was moving we went ahead and paid believing our papers will soon start moving.
We lost of time waiting and money.
:-(
The final word...
"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."
I live in Australia for the last 2years now under a different visa category but i have no recourse to applying for PR under my existing visa category. Expecting my PR under 176 i have dumped all my savings into our own home. My wife is employed In Australia and my eldest attends University and also works party time. my other 2 children attend private schools and 3 of us pay our taxes to the Australian government. Does the DIBP expect us to leave and make way for the refugees once our existing visa is over?
DIBP just consulted their legal team and MIA... a lot of consultation went on.