wrussell Posted September 21, 2015 Share Posted September 21, 2015 If you have applied for a 175, 176, 475 you can expect to be informed that you have never made an application. See https://www.comlaw.gov.au/Details/F2015L01455/Explanatory%20Statement/Text You have a fighting chance of having the VAC refunded, but you have done your dough for all of: skills assessment, IELTS, agent's fee (unless you have a no win, no fee contract) and ancillary costs. Link to comment Share on other sites More sharing options...
Guest guest30085 Posted September 21, 2015 Share Posted September 21, 2015 Is there any chance they won't pay back the VAC fees, Westly? Obviously im not affected, but I feel for those who are, surely they can't hold back repaying the fees. Link to comment Share on other sites More sharing options...
wrussell Posted September 22, 2015 Author Share Posted September 22, 2015 Is there any chance they won't pay back the VAC fees, Westly? Obviously im not affected, but I feel for those who are, surely they can't hold back repaying the fees. When Evans (the honourable, the minister) last pulled this caper my affected clients had their VACs refunded via the Department of Finance, presumably Der Gruppenführer will be similarly inclined. Link to comment Share on other sites More sharing options...
Arshad Posted September 22, 2015 Share Posted September 22, 2015 Westly Russell I am a 176 who has waited since 2009 in vain. is there a chance that we get together and file a case and demand that they process us, even if it takes a few more years, will this help. we want to fight against this decision, what do you say Link to comment Share on other sites More sharing options...
wrussell Posted September 22, 2015 Author Share Posted September 22, 2015 Westly RussellI am a 176 who has waited since 2009 in vain. is there a chance that we get together and file a case and demand that they process us, even if it takes a few more years, will this help. we want to fight against this decision, what do you say If the minister decides that you have not made an application, that is the end of the matter. I am not a lawyer, so I could not file a case for you. The last senior lawyer I consulted about this issue was asking $10 000 per person to lodge a class action and it went nowhere. Link to comment Share on other sites More sharing options...
Arshad Posted September 23, 2015 Share Posted September 23, 2015 If the minister decides that you have not made an application, that is the end of the matter. I am not a lawyer, so I could not file a case for you. The last senior lawyer I consulted about this issue was asking $10 000 per person to lodge a class action and it went nowhere. 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. Link to comment Share on other sites More sharing options...
CaptainC Posted September 23, 2015 Share Posted September 23, 2015 Arshad, It might be that 'money is no object' for you, and although I think that your cause is a good one, can other people afford to pay $10,000 each for something that is not guaranteed to work? Maybe that money would be better spent on researching ways to apply for a new visa. The department has already issued a statement to say that the VAC will be reimbursed in full, and although it won't cover all of the additional expenses it might be wiser to draw a line under this and start again. If I was in your situation the likelihood is that I would feel exactly the same. But from the outside looking in the only way for this to be a success in the courts is if a company took on your case pro bono. Again, I feel very strongly about what has happened to you, your family and all of the other applicants in this situation. Take some time to calm down and think very carefully about what you intend to do and do what's best for your own family. A class action is no picnic, and will be a long, expensive and difficult process to go through. Link to comment Share on other sites More sharing options...
Arshad Posted September 23, 2015 Share Posted September 23, 2015 Arshad, It might be that 'money is no object' for you, and although I think that your cause is a good one, can other people afford to pay $10,000 each for something that is not guaranteed to work? Maybe that money would be better spent on researching ways to apply for a new visa. The department has already issued a statement to say that the VAC will be reimbursed in full, and although it won't cover all of the additional expenses it might be wiser to draw a line under this and start again. If I was in your situation the likelihood is that I would feel exactly the same. But from the outside looking in the only way for this to be a success in the courts is if a company took on your case pro bono. Again, I feel very strongly about what has happened to you, your family and all of the other applicants in this situation. Take some time to calm down and think very carefully about what you intend to do and do what's best for your own family. A class action is no picnic, and will be a long, expensive and difficult process to go through. 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. Link to comment Share on other sites More sharing options...
vincenz Posted September 23, 2015 Share Posted September 23, 2015 I'm a 176 applicant who waited since 2009 as well. But I do agreed with captainc. Aud10k each might not be a lot to you but it does to some. With this amount I could have reapply again with some extra balance. So, Why not calm down for now and look from all possible aspects and advises we can get. Rushing to conclude won't do us any good. I'm as frustrating and disappointing as anyone do in these subclasses, but I hope for better planned action rather rushed decision caused further wasted money/time in vain. With Dave lau did posted a comment regarding a channel "Commonwealth ombudsman" where we can initiate our complaint on unfair treatment by a government department. I do feel we can make a case here which at least a chance to overcome or put pressure on this cap and ceased decision. Furthermore this action should be free where we should start from before advanced into expensive court hearing. Link to comment Share on other sites More sharing options...
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