Arshad

Correction: The lawyer knows the exact number of people joining the class action but they are definitely more than 3 The lawyer is only asking for 5K per applicant, not 500K!

ATTENTION ALL CAPPED AND CEASED 175, 176 & 475 APPLICANTS We are ready to file a case in the High Court against the cap and cease order. Those who are interested and have not yet joined, please get in touch quickly with Christopher Levingston, the lawyer who will be acting on our behalf at christopher@levingston.com.au Thanks

It is so ironic and sad that those who were once part of the unfair Category 5, and were once coming to this forum for some good news and hopeful advice are the ones who are now coming back - after being lucky and getting their PR - to post the snippiest of remarks about the situation of the cap and ceased ones. Those who have nothing to do with Cat 5 have at least shown sympathy and concern. If we want you to tell us what to do with our life, we will ask you. In the meantime, since the main curiosity about the case seems to be to hear about the futility of the attempt and as people are 'sure' about the outcome, let the case and its outcome remain the concern of the people involved.

Thanks for your kind advice, we are moving on ... with the case.

Request for support I just signed the petition, "Federal Government, Immigration and border protection: Valid Family Sponsored Skilled Visa applications 175,176 and 475 ceased after 8 years in Limbo." at change.org. I think this is important. Will you sign it too? Here's the link: http://www.change.org/p/federal-government-immigration-and-border-protection-valid-family-sponsored-skilled-visa-applications-175-176-and-475-ceased-after-8-years-in-limbo Those who think at least raising one's voice against injustice is everyone's right and we are doing the right thing, pls sign, others just ignore this post. Thanks,

True. They really don't care, we've been saying that all along.

Yes, I do think that they don't realize they are playing with people's lives. As for us not getting a visa, we have already been told that.

As I understand it, it is $5000 for a class action if we decide to file a case as a group. And it is my time so I can do what I please with it. We may not get the visa but someone's got to make the DIBP realize that they have been unfair and next time they take a moment before playing with people"s lives.

This is someone who wants to take the DIBP to the courts - we didn't ask him for it, he wants to do it on his own i guess, But he is kind of asking for peanuts - $5000, for the case, and if it is a class case, everyone gets to pay so little. Hummmm so we will be actually paying him peanuts ... wonder what it makes him then? Any inputs Mr Russel? Or PM me about it. Others, pls contact him if you want. Cap and Cease High Court challenge 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 Christopher@levingston.com.au 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

Mr Russell, so far we are only coming across monkeys though we are ready to pay more than peanuts, can you please suggest some Top Gun lawyer who would be ideal for our case? Pls inbox me the infor. Has anyone started the process for a refund, from what I have come to know they want a 'copy' of the credit card used SEVEN years ago, and bank Receipt!?!?!?! Pls share details if you have. I am not interested in a refund but if they are going to seize our money like they ceased our applications, We need to highlight it at least in the media. Thanks

both these figures are difficult to give at the moment as it is a bit early. we are around a 100 who have so far committed to challenging this order and each day more people are joining, research is being done and contacts have been made, but things are not finalised as yet, but hopefully in the next week we would make a start. organizing something like this when most of the people are outside Australia and all over the place is the challenge, but thankfully we have our sponsors onboard who are Australians and working for us there.

dont know if one is pending or not, but a group of us are trying to challenge it.

I am part of this group who got affected by Cap and Cease and am really touched that so many people feel our pain here. that's the beauty of forums like this that it unites all kinds of people from all over the place who then share, in whatever way, the ups and downs of others. Actually, this cap and cease would not have hurt so much or seemed so unfair if they had done it to the whole group of Pritority 5, who were a very large number - approximately 31,010 - in 2012. According to a letter received in July 2012 when the new SkillSelect system was introduced, “As at 1 July 2012, there were approximately 15,500 family sponsored skilled migration cases representing approximately 31,010 applicants in Priority Group 5 awaiting allocation.” If, according to their figures, there were 31,010 applicants in Priority Group 5 in July 2012, and 15,510 were independent ones who are mostly cleared, and out of the remaining 15,500 family sponsored, more than half were onshore applicants, so that leaves roughly less than 7000-6000 applicants in GSM176 & 475, who are now affect by this ‘Cap and Cease’ order. The actual number of applications affected by ‘cap and cease’ has not been disclosed officially. They processed onshore independent skilled ones in 885 and some onshore family sponsored 886, then almost all offshore independent ones in 175 in the last one year and are currently finishing the onshore family sponsored 886. Feel good for these people, their wait was over so we thought that our wait too will come to an end because each year during the last few months - March to June - they were processing a few thousand applicants in the queue. when everyone was getting a chance, we thought our chance would also come and Never expected they would do this if they didn't do this to others in the category. Now that they had reached the end of the queue with only offshore family sponsored 176 and 475, and a handful of independent 175s remaining, they announced they will not do so any more and applied the order 'retroactively'. Why were others in the same Category 5, with the same set of skills and even family sponsorship – GSM 885, 886, 496 and most 175 – processed and not GSM 176, 475 and the remaining 175? If Family sponsorship is such an undesirable thing then they should have specified it when we applied or shouldn't have offered this option. many of us would have opted to lodge an independent application then, we thought showing family ties would simply speed up things! In the last many years, every migration policy change was done after announcing it in advance and the older applications were not deemed void in any way, so why now? and as for having done this Cap and Cease before too in 2010, well they did but fewer people were affected and they could easily lodge new applications because the requirements had not changed much and they didn't wait so long, basically all they lost was money - but not time and opportunity as in our case. so there was no uproar or attempt to challenge/change it. Applying again is not easy as so many occupations are off the SOL and losing 7 years due to DIBP makes us lose points for age too. Common Laws work on Precedent, someone has to set a Precedent - we are trying to do so. This was just to give a clear picture of our case to the people here. hope this will make you understand where we are coming from and heading to. You don't have to agree, but you can wish us luck... that's all I ask. for those interested in reading up more about it, they can do so at Inside Story, SBS and Sydney Morning Herald. Good day!

Any more 175, 176 and 475 still there who have not contacted us? pls post here and join our campaign against this Cap and Cease

Thank you for your input, this is really helpful, it lets us add to our research, we would welcome more research like this, we are also doing it as we plan to challenge it .... they can decide what they want to do but we have the right to raise our voice against DIBP for not even looking at our applications while others in our similar circumstances were granted. BTW I have my own research to share with you, After this article was published, the Migration Institute of Australia contacted Inside Story to say that it has obtained expert legal opinion that the legislative power Senator Cash used to cease and refund the visa applications is not valid. According to this opinion, Section 85 of the Migration Act 1958 only allows the minister to determine the number of visas that will be granted in a financial year. Remaining applications are usually “queued” for allocation in later years. The Explanatory Statement to the Minister’s Determination attempts to convert the unallocated applications to the status of “never being made” using section 39(2) of the Act. The legislative authority under section 85 does not have the power to “kill” outstanding applications. To have this effect, the section 39 power to “cap and cease” needed to be expressly stated in the Ministerial Determination (which it was not). As a result, the MIA believes that the minister will have to make a new legislative instrument if the government wants to cease outstanding visa applications in the affected subclasses.

you are right, they can, nothing is past these whimsical lawmakers, but we need to try, we will do what we can do and they will do what they can ... let the result be for our best!

in our case it is not futile because we are family sponsored by Australian citizens and our sponsors, Australian tax payers and voters are ready to support and fight with us. Plus, they processed all other applications except for offshore family sponsored, even most offshore independent applicants have got their grants. And they have made us wait up to 7 years, thereby making us Ineligible in terms of age to apply. they wasted our time. and if they can process other Category 5 applicants, they should give us a fair chance too! Kwazii Cat and westwoodwizard you are welcomed to share your views with us, and yes, we are a bit charged up, but personally i think a different point of view is a welcomed thing as it keeps you grounded so westwoodwizard, your comments make a lot of sense, i fully understand them and appreciate them. I am glad you have moved on, sadly I waited... At the moment we have nothing final, except that we intend to fight with the best means available to us, as you said research is needed, so that's been done about lawyers and possibility of action and outcomes. in the meantime we appreciate all the support we are getting, we are trying to generate awareness of what has been done to us through media, social media and almost all of us have sent multiple mails individually to all possible officials and departments, Personally i have nothing more to lose, but I do have a chance to win - get a grant if we plan and act wisely - as for spending more money, well, money can be earned again but for those who have grown older in these 7 years, we can't get points for our age if we apply again so this is our only chance and we plan to take it.

Totally agree with you here, we will go for an order for immediate grants, otherwise if we are made to wait, they will bring another order to stop us. Everyone else, pls if there is anyone in the same situation as us and wants to join us, pls send a message to me or Gagan, and others, pls keep the advises coming and pray for us all.

If anyone has been affected by the Cap and cease order and wants to fight against this injustice, pls join us at this thread: "Subclass 175, 176, 475 new discussion thread" Or you can send a private message to me. thanks

Can you please suggest who will be a suitable Top Gun barrister to help us in this case. The point you have made has been made by Migration Institute of Australia in an article on our cases in Inside Story, pasting the their opinion here: After this article was published, the Migration Institute of Australia contacted Inside Story to say that it has obtained expert legal opinion that the legislative power Senator Cash used to cease and refund the visa applications is not valid. According to this opinion, Section 85 of the Migration Act 1958 only allows the minister to determine the number of visas that will be granted in a financial year. Remaining applications are usually “queued” for allocation in later years. The Explanatory Statement to the Minister’s Determination attempts to convert the unallocated applications to the status of “never being made” using section 39(2) of the Act. The legislative authority under section 85 does not have the power to “kill” outstanding applications. To have this effect, the section 39 power to “cap and cease” needed to be expressly stated in the Ministerial Determination (which it was not). As a result, the MIA believes that the minister will have to make a new legislative instrument if the government wants to cease outstanding visa applications in the affected subclasses. We too believe we have a case, we just need to find the right person to prove it for us, and being offshore, we have a bit of problem so will Appreciate any help from any expert here. PLEASE ADVICE US ON THIS. thanks a million for some very disappointed and desperate lot.

you are right, and thanks for the advice as i need all the advice. And anyone else who has their two cents to share, pls do. The problem is that i waited for 6 years to move to Oz not just to experience a stint in a new country and maybe come back if i don't find the grass greener in OZ. my only sibling is there with whom i wanted to reunite and now, 6 years older, i don't have the option to apply again. I am from Pakistan and things here are just marginally better than those countries that are producing refugees these days. for the safe future of my children i had seen the australian dream, i am ready to spend some more time and money on it because that's the only hope i have. but the course of action is going to be taken with great care, thanks for your concern.

People, lets be nice and start a new thread for this discussion as Captain C says. lets follow Mods orders. we can come here and direct people to come to the new thread for active discussion.

thanks for the advice, money isn't an issue, it can be earned again, winning chances are what needs to be looked into, I do remember sometime in 2011 or so, heard of some people filing a case or something against being pushed into Cat 5 or something, was wondering what happened to them? Don't know, too dejected and confused to think straight at the moment.

Thank you for your advice, your words make sense. i am still searching for options and will take expert advice, i can't give up because i have much more than money invested in this. Good luck to you, let's see what happens.

IMPORTANT NOTICE FOR 175, 176 and 475 WILLING TO FIGHT IT OUT We will not accept cancellation of our application! Time for action. let us get together and plan how we will take them to court. We do have a strong case because they have not just done injustice with offshore applicants by taking our money, making us wait and then cancelling our application, but they have also taken our sponsors, who are Australian citizen, voters and tax payers, for a ride. This is a roll call for ONLY for those who are ready to go to court against this decision and demand grants. Not refund with compensation. No compensation can make up for our lost chances and time. if we get compensation with a grant, well and good, I am mainly interested in processing of our visas. Please post here if you are interested in a court action. Once we have consulted a suitable lawyer and planned a course of action, I will be needing the details of those who are willing to file a case together, because if we are together we will make a better impact. Most likely a sponsor will spearhead this campaign. You must be willing to contribute any fee (which we don’t know at this stage). Thanks, you can also message me here.