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Found 8 results

  1. I am just wondering what will happen to PR after citizenship is granted. Will PR last for the remaining of total period of 5 years or will it cease automatically? Thanks for you answers, I appreciate if you direct me to other threads if you know of any. Cheers,
  2. What's the progress on the cap and cease bill? Just curious. Any chance that the bill will be passed any time soon?
  3. The DIAC refund the VAC for invalid applications and ceased applications. Acceptance of a 'cap and cease' VAC refund offer would constitute a withdrawal of the visa application and would create an estoppel. Affected parties might want to Consult a Top Gun migration lawyer. The Ombudsman (paper tiger) has no powers and can only make suggestions. If an issue has not attracted the attention of the press, as in: deporting Australian citizens, imprisoning permanent residents of Asian appearance and children, there are unlikely to be any suggestions to the DIAC. The Ombudsman can do nothing about a ministerial decision, notwithstanding that the minister is not mentioned in a complaint.
  4. Guest

    ENS issues, and cap and cease?

    This is mostly onshore 457s going to PR via ENS, but several offshore ENS as well. NB 1: 5 months supply on hand, indicates likely processing times unless they prioritise on industry??? NB 2: 51,000 annual rate of applications, with a program size of 44,000, so processing times will get longer. Recommendation: Best way forward appears to be 457 to get here faster, while parallel ENS is still in processing. This is still 2 years supply. Expect the Minster will continue to decrease Skilled Independent and assess his options for queud applications. I'm not sure if Bowen's ethics are as, um, able to be set aside as were Minister Evans', so cap and cease might still be on the table. However with the balanced Parliament I expect less arrogance from Labour, and I think Bowen might be able to argue for a fairer refund ie go now voluntarily and get say $5000 back, all others who we still need to cap and cease will get $2000.
  5. According to an MIA's notice to members on 23 July 2010: Legal Challenges to Cap and Cease Letters Some MIA Members have received letters from the Department of Immigration and Citizenship (DIAC) indicating that some of their clients’ applications have been capped and ceased.There is some speculation within the profession that the letters from DIAC can be challenged on the basis that applicants might be able to enforce the processing of their applications because of a "legitimate expectation" arising from section 65 of the Migration Act 1958that the Minister would determine their application.The MIA has sought legal advice in relation to this argument, with preliminary assessment suggesting that a challenge to the legislation on the above premise would be difficult and that case law demonstrates that appeals on the basis of this argument have, in the past, been unsuccessful.The MIA reminds Members of their obligations under the Code of Conduct, particularly with respect to advising clients of the costs associated with pursuing a particular course of action pursuant to Clause 5.3 of the Code.Further, Part 8B of the Act provides that costs may be awarded against third parties, such as Registered Migration Agents (RMAs), who contravene section 486E, which provides that a person must not encourage another person to engage in migration litigation that has no reasonable prospects of success.An extract of the legal advice in relation to potential arguments in a challenge to the cap and cease letters has been provided for Members below. Legitimate Expectation There is a principle that no cause of action arises from a valid change in the law that causes disadvantage to an affected person.In Health Insurance Commission v Peverill (1994) 179 CLR 226, at 261, McHugh J quoted with approval the observation of Pitney J in New York Central RR Co v White (1917) 243 US 188 at 198 that:No person has a vested interest in any rule of law entitling him to insist that it shall remain unchanged for his benefit. The above principle was applied in several cases that challenged Migration Amendment Regulations 2006 (No 4), which introduced a new requirement for outstanding skilled visa applications that an applicant’s qualification leading to a positive skills assessment must have been obtained as a result of full time study in a "registered course" as defined in Regulation 1.03 . The effect of this amendment was that applicants who had already obtained a positive skills assessment, but not in a "registered course", were no longer eligible for a visa.There were a number of simultaneous challenges to the amendments in the Federal Magistrates Court. The issue was eventually resolved in favour of the Minister, and no doubt at great expense to the applicant, by the decision on appeal of Sundberg J in Quarm v Minister for Immigration and Citizenship (2008) 171 FCR 307, which was handed down on 22 August 2008. Estoppel Some have further speculated that the letters from DIAC can be challenged on the basis that the Minister may be estopped from refusing to process the applications.There is a well-established rule of law that, where the Parliament, within the Constitution, has provided in legislation that a particular circumstance has a particular consequence, nothing a public servant does can override the legislation.For example, in Federal Commissioner of Taxation v Wade (1951) 84 CLR 105 Kitto J said, at 117:No conduct on the part of the commissioner could operate as an estoppel against the operation of the Act....See also Minister of Immigration and Ethnic Affairs v Sabri Polat (1995) 37 ALD 394.Assessment of this argument also suggests that a challenge would be difficult, and the MIA again reminds Members of their obligations to advise clients of the costs associated with pursuing a particular course of action and that a person must not encourage another person to engage in migration litigation that has no reasonable prospects of success.
  6. Australian Government LURED us here by making us think that we would get permanent residency if we studied in Australia for 2 years and lodged our applications when the profession we studied for was still on demand, and now that they have taken our money (and I don't only mean the application fees, I mean rent, colleges, phone bills, transports, etc. - let's not forget that education is the 2nd largest export industry of Australia) and years of life, they wanna KILL our applications. If the Cap & Cease Bill is passed, it will be safe to say that International Students are COCKROACHES to Australia.
  7. Guest

    Visa Cap & Cease 2010 bill

    Hi Pomz people, I have made my submittion to the senate regarding the above it is showing 54 submittions on there web site, if this effects anyone you should send a submittion as you only have until the 4th june to send it in. COME ON EVERYONE WHO THIS EFFECTS..... LETS TRY TO MAKE A DIFFERENCE if we dont try we cannot change anything !!!! this is the link to make a submittion https://senate.aph.gov.au/submissions/pages/index.aspx
  8. The Australian Government has announced significant changes to its subclass 139 visa, commonly known as the Skilled, Designated Area-sponsored (SDAS) visa. Starting from 1 July 2006, incidentally the same day changes are being introduced for Australia's Working Holiday Maker visa, the subclass 139 SDAS will be replaced by a two-stage visa process. The visa will not be points tested. To be eligible for the first provisional portion of the new visa, known as the subclass 496, SDAS (Provisional) the visa applicant will need to: be under 45 years of age have a good level of English have recent work experience be sponsored by an eligible relative living in a designated area of Australia; and have skills and qualifications assessed by a relevant assessing authority as suitable for an occupation on the Skilled Occupation List (SOL). Once the Provisional visa has been granted the holder must retain that visa for at least two years. The applicant must also have complied with the conditions set out in the SDAS (Provisional) visa. SDAS (Provisional) visa holders should apply for a SDAS visa on or before the expiry date of their SDAS (Provisional) visa. To apply for the Residence portion of the visa, applicants must: have held the SDAS (Provisional) visa for at least two years be sponsored by an eligible relative have lived in a designated area for two years have worked full time in a designated area for 12 months; and have good English skills The applicants may be inside or outside Australia when applying for and granted a SDAS (Residence) visa. For further details, please visit http://www.visabureau.com/australia/news/27-06-2006/australian-subclass-139-to-cease-1-July.aspx
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