Regular readers of this blog will be aware that cases exploring the boundaries of the Department’s/Minister’s powers to cancel visas on character grounds probably are the “flavour of the year”: there have been a lot of cases that have addressed this subject!!

On a certain level, it makes “perfect sense” why these kinds of cases keep showing up on Austlii. If you have had your visa cancelled on character grounds, are being held in immigration detention, and are facing the prospect of removal/deportation – in many cases to a country where you haven’t lived since your childhood – then what do you have to lose by seeking review of a cancellation decision on the grounds of alleged jurisdictional error?

After all, the worst thing that can happen to you with this kind of case is that you will “lose”, with the consequence that you will still be facing removal/deportation and with the added possibility that you may have a “costs order” made against you (and is the Australian government really going to pursue an action to collect those costs from you once you have been “shipped” back overseas – and even if it does try to recover its costs, what are the chances that it will ever really see that money? I would venture: “Probably pretty slim!!”)

All visa applicants who have been patiently waiting in a queue for the Skilled Independent subclass 175, Skilled Sponsored subclass 176 and Skilled Regional Sponsored subclass 475 are now subject to cap and cease.

Cap and Cease starts today 22 September 2015 and the total has already been reached.

Any applications for these visas which were not finalised before today are taken not to have been made. 

Update: 4.04pm 22 September 2015 the MIA Survey, after this report below, is now closed.

The MIA is running a survey regarding engagement with the DIBP.  If readers would like to have their say then please complete the MIA survey, but please be warned that the survey results will be skewed.  

Both agents and members of the public should be aware that the survey results will be inaccurate as the survey is open to the public and is not restricted to RMA members of the MIA.  Migration Alliance will ensure that the DIBP is made aware of this, as it is important that they are not provided with inaccurate data from the migration profession.  We need information which comes from our profession to be accurate and a true reflection of our needs.

Partnering with Migration Alliance, our national SIV road show continues with Brisbane on Wednesday 7^th October. The event will showcase NAB’s integrated banking and investment solutions to meet the needs of your Significant Investor Visa clients.

Speakers include Greg McKean from QLD Trade and Investment, NAB’s SIV Concierge team of migrant banking and wealth professionals, and a local venture capital manager.

You will also meet investment specialists from NAB Asset Management and JB Were who make up NAB’s SIV Complying portfolio blends covering Australian small companies, corporate fixed interest and property securities.

A 7-Eleven whistle-blower has described the billion dollar franchise as having been “built on something not much different from slavery.” The reality is that the convenience store chain will get away with its systematic abuse whereby it underpaid thousands of workers if staff are not offered visa protection for speaking out, notes a report on the ABC.

Last month, the ABC's Four Corners program revealed “widespread exploitation of 7-Eleven staff, including underpaying them and forcing them to work longer hours than they are permitted under visa conditions. Thousands of workers have been exploited in what is being described as one of Australia's biggest employment scandals.

“The majority of the chain's workers are foreign students on restricted visas and only allowed to work 20 hours per week, but the investigation found… more than two thirds of 7-Eleven's 225 Australian stores had payroll compliance issues, with claims many franchisees would face financial ruin if staff were paid correctly,” noted the report.

7-Eleven chairman, Russell Withers has denied that there is widespread wage rorting and claims,  'relatively few' franchisees are at fault. An independent panel led by former Australian Competition and Consumer Commission (ACCC) boss Allan Fels has been set up by the company to help staff recover their wages. Anyone who has been affected by this can contact the panel on 1800 619 802 or online at www.7elevenindependentpanel.deloitte.com.au.

Labor has urged the Government to give amnesty to students forced to breach visa rules. But Giri Sivaraman from law firm Maurice Blackburn, told the ABC that many are not coming forward, with overseas students concerned they would lose their visas if they admitted to working too many hours. Some reports allege that many workers were paid $10 an hour before tax – well below the award rate of $24 per hour.