GAGAN4321

Fully agreed with Arshad...we need to be together lets join the fight whatever the result maybe...what more can we loose lolz?

I would urge anybody here in this forum not to give up and apply for refund. Just don't give up we are increasing day by day in numbers and will be close to a specified target as mentioned by some lawyers. We have a case in hand and we'll win. You can PM me if you want further details and I can give you my email address 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.

Hi Arshad,

Lets get together I have inboxed you my email ...kindly email me so that I can keep you in loop, we gonna definately win it

Gangan, please inbox me details of the legal action. I still need to discuss with my husband but I am not going to ask for my refund at this stage as I am interested in joining the action as we have absolutely nothing to lose.

It is vital that we get the word out - perhaps via social media also - that people who want to join the legal action must not apply for their refunds.

I'm 176 Off Shore (South Africa) lodged in May 2010.

Hi Celeste,

I have inboxed you my email kindly email me so that I can keep you in loop as we are gathering more and more members acrosst he world..Wew ill win this and filing a legal battle.

Thanks

Gagandeep Singh

keep it up GAGAN, nothing comes easily.count me ,i m also a severe victim of s39 but have difference of 5 years.it was june 2010 when i was deeply sorrowed by this action taken by prev labor's dictator immi minister chris evans.he used it only because they doesnt want more immigrants to be selected under liberal policies.so they choose a non-humanitarian and cheap way to get rid of all pre sept applicants and now LIBERAL has only revoke this instrument again to remind of labor;s injustice .in fact ,by this they also want this instrument to b vanished now.that is possible only if people challenge instrument 39 in any way .fact behind to me is LIBERAL'S support of anti asylum policy coz they always encouraged skilled people over asylum .but opposition have halted their efforts toward stopping boat migration in court .so now they are using labor's own weapon of cap and cease against them through igniting the buried agenda.but my point of view in reality they r defending ours through back door to stand against .

fight for right is nature of brave hearted.

Thanks and we will fight together. I have PM you.

Be aware though that the last time the government had to reinstate visas was when they had to reinstate some of the family visas such as last remaining relative. However, while it was reinstated, the processing time has moved to 56 years.

I you wanna withdraw its solely your wish I wont give up so easily!!!

Second to that. I'm applying online by myself too. Credit card info/photocopy had long gone after all these years. As long that we have the receipt and our application name and so, they should just refund according to applicant desire account, instead refund back to none existent credit card account.

I would reiterate don't give up since we hiring the best attorney and barristers and based on the discussion we will win. Kindly PM me for further details and I will let you know.

Gangan, I fully agree with you to take legal action ASAP, I am counting how many people are willing to join in from China. Can you please send me you email address for further discussion and follow up. Thanks.

I just inboxed you!

I just inboxed you!

FYI ITS NOT over as yet. last time cap and cease was successful they the people accepted the decision and hence were defeated. I DONT want to dishearten anybody but fact is a fact. It's over for people who accept refunds. Consulted with one of the best barristers of Australia and he has won similar cases in NZ and Australia too. He reverted back that if you read the cap and cease wordings on border.gov.au website its mentioning for financial year. Will be fighting now the case in the court so I would urge whosoever wants to join they would have to take decision fast. The more we are the better the situation. Barrister reverted back that we need to be at least 100 people to make impact may be more. Also, he reverted we have bright chances of winning and that am thankful to Ilaria for supporting us always. At this hour, I will say that don't loosen your heart I know i have been in this situation just like you but that doesn't mean I will take my defeat this way. Come together and fight and win.

We need to take decision soon how many are we as we need to file the case ASAP. Thanks and Regards

Gagandeep Singh

IF Scott Morrison can be defeated by Refugee we are still far better group with many people. Fight it people don't let them go so easily!

Hi All, Consulted with one of the best lawyers in Melbourne who has great winning record and a very reliable person...says we can win the case if put in high court but that involves good amount of money...but still i wont take a back and will go ahead. I would urge all offshore guys not to give up ...this is the time to get together and file the case total injustice has been done.

This is what I have written on Hon. PM Mr. Narendra Modi's FB page and official website and links provided by him:

 

VERY IMPORTANT ISSUE: Large no. of visa applications (Visa subclass 176, family sponsored) are not processed and their are no timelines set for processing. Despite of writing to Minister of Immigration and Border Protection of Australia, there is no concrete reply. Australian government has full right to reject the visa applications with valid reasons. But at least processing should start or proper timelines should be given about when processing will take place. It has been more than 5 years and there is no proper pathway for these applicants. Families on both sides are waiting to unite and also we are not able to draw out our future plans because of application status uncertain. Request to kindly take up the issue with Prime Minister of Australia, The Hon. Tony Abbott.

Pl provide all the links and whatever sources by which we can contact.