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.

Would you agree that there are occasions when trying to work your way through the Act and Regulations to determine whether a client meets the eligibility criteria for a certain kind of visa is enough to make your eyes go out of focus, your head spin, and prompt you either to want to have a nap or go out for an early lunch and not come back to work until you have had several drinks?

Well, if so, you are not alone – even the courts have been known to remark upon the complexity of the migration legislation!!!

A decision of the Full Court that was handed toward the end of August, Talha v Minister for Immigration and Border Protection, (2015) FCAFC 115 (25 August 2015) illustrates how difficult it can sometimes be to figure out whether the criteria for grant of a visa can be satisfied.

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Controversial Dutch politician Geert Wilders has had his Australian visa granted, meaning he will be able to travel to Perth in just over a week to launch an Australian anti-Islam party.

The founder of the Dutch Party for Freedom had been invited to attend the launch of an Australian party modelled on his own, the Australian Liberty Alliance. ALA’s president, Debbie Robinson, told Guardian Dutton said he had had a hand in the ultimate decision to grant the visa. Dutton admitted this to the media

“This is a decision made by the delegate within the department,” he told reporters in Canberra. “In some circumstances, including in relation to this matter, I was consulted in relation to this visa. I was happy to take the advice from the delegate, which was to issue the visa.

“They will have a look at the whole history. They will do what is in our best national interest in terms of granting or denying a visa. That is the decision that was made,” the immigration minister said

Dutton brushed aside concerns Wilders’s visit to Australia would stir up similar protests, saying delegates from his department take those issues into account.

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.