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Tampines

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  1. 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.

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    Even if disgruntled applicants were to win (after a prolonged and very costly legal battle) all the honourable, the minister has to do is allocate very few places for the applications in question. When the senate knocked back the omission of remaining relative, carer and non contributory parent visas, the honourable, the minister - arranged 30 to 56 year visa processing times.

     

     

    ....and the minister will then make a new legislative instrument to cease the outstanding visa apps

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