Subclass 175, 176, 475 new discussion thread

[yc1ten]

Shocking news for visa subclass 175, 176, 475.....

 

They will set the max number for 2015/216, and any outstanding applications for visas of that subclass are taken not to have been made.

 

- Subclass 175 Skilled – Independent visas: 219;

- Subclass 176 Skilled – Sponsored visas: 36; and

- Subclass 475 Skilled – Regional Sponsored visas: 29

 

 

https://www.comlaw.gov.au/Details/F2015L01455

Edited September 18, 2015 by yc1ten

[waitingimpatiently]

DIBP/DIAC/IMMI they changes their name all these years and take us 176 and 475 on ride for last 7 years. If they want to cancel then they should have let us know 5 years ago. They keep us waiting for 5 years . They hold our life for these many years and now they are making our lives jokes. We have been treated worst than refugee. Our sponsors are citizen of this country and we have applied in skilled category.

1. Any 176 member presently in Australia should file a law suit against the minister

2. At the same time all of our relatives/sponsors should write letter to Immigration minister , PM and local MP. This is the only way to fight.

 

We can discuss any further suggestions.

[waitingimpatiently]

DIBP/DIAC/IMMI they changes their name all these years and take us 176 and 475 on ride for last 7 years. If they want to cancel then they should have let us know 5 years ago. They keep us waiting for 5 years . They hold our life for these many years and now they are making our lives jokes. We have been treated worst than refugee. Our sponsors are citizen of this country and we have applied in skilled category.

1. Any 176 member presently in Australia should file a law suit against the minister

2. At the same time all of our relatives/sponsors should write letter to Immigration minister , PM and local MP. This is the only way to fight.

 

We can discuss any further suggestions.

 

This is in regards to the above link posted by yc1ten

"5. Section 39(2) of the Act, when read with this determination and the relevant criterion for each class, has the effect that when grants of that relevant subclass have reached the ministerially determined maximum, any outstanding applications for visas of that subclass are taken not to have been made. "

 

They will implement this on 22nd September.

 

If somebody know the minister : MICHAELIA CASH, email address, Our sponsors should immediately sent letters to the minister cc local MP/MLA so that it will not be implemented, its implementation date is 22nd September.

 

[westwoodwizard]

This is in regards to the above link posted by yc1ten

"5. Section 39(2) of the Act, when read with this determination and the relevant criterion for each class, has the effect that when grants of that relevant subclass have reached the ministerially determined maximum, any outstanding applications for visas of that subclass are taken not to have been made. "

 

They will implement this on 22nd September.

 

If somebody know the minister : MICHAELIA CASH, email address, Our sponsors should immediately sent letters to the minister cc local MP/MLA so that it will not be implemented, its implementation date is 22nd September.

 

 

They can send all the letters they want...even if it worked and the part about canceling applications is not implemented...processing 10,000 remaining applications at the rate of less than 300 per year...will take a long time...everybody just got screwed even more so than before..so...I guess everybody should wait to see if they implement it..if they do wait it out until June 30, 2016...and if you are not one of the lucky 200 plus that they have allocated...well...you have your final answer...application will be canceled and you will have to re-apply under a new visa category...

[suraweeraneil]

They can send all the letters they want...even if it worked and the part about canceling applications is not implemented...processing 10,000 remaining applications at the rate of less than 300 per year...will take a long time...everybody just got screwed even more so than before..so...I guess everybody should wait to see if they implement it..if they do wait it out until June 30, 2016...and if you are not one of the lucky 200 plus that they have allocated...well...you have your final answer...application will be canceled and you will have to re-apply under a new visa category...

This is really a serious situation. They have implemented a similar program in June 2009 and refunded the application fee of the applicants whose applications have not been processed.

I think this time they just refuse our applications without a single cent.

''5. Section 39(2) of the Act, when read with this determination and the relevant criterion for each class, has the effect that when grants of that relevant subclass have reached the ministerially determined maximum, any outstanding applications for visas of that subclass are taken not to have been made.''

 

As you mentioned they are going to refuse our applications. Only 36 lucky winners will be there

[suraweeraneil]

Only hope is that they will have a new immigration minister with their new Government and the new minister will cease this

[Arshad]

DIBP/DIAC/IMMI they changes their name all these years and take us 176 and 475 on ride for last 7 years. If they want to cancel then they should have let us know 5 years ago. They keep us waiting for 5 years . They hold our life for these many years and now they are making our lives jokes. We have been treated worst than refugee. Our sponsors are citizen of this country and we have applied in skilled category.

1. Any 176 member presently in Australia should file a law suit against the minister

2. At the same time all of our relatives/sponsors should write letter to Immigration minister , PM and local MP. This is the only way to fight.

 

We can discuss any further suggestions.

 

I am my sponsor have already written letters to Peter Dutton and DIBP. don't know if it will help but we all SHOULD write as we have the right to protest, they cant take away that. pls try to make as much noise as possible, a lot of noise is made about refugees and sometimes they Last year the high court struck down Scott Morrison's decisions against Asylum seekers, if it can be done once it can be done again. read here http://www.theguardian.com/world/2014/jun/20/scott-morrisons-cap-on-protection-visas-struck-down-by-high-court

Edited September 22, 2015 by CaptainC

[westwoodwizard]

They can send all the letters they want...even if it worked and the part about canceling applications is not implemented...processing 10,000 remaining applications at the rate of less than 300 per year...will take a long time...everybody just got screwed even more so than before..so...I guess everybody should wait to see if they implement it..if they do wait it out until June 30, 2016...and if you are not one of the lucky 200 plus that they have allocated...well...you have your final answer...application will be canceled and you will have to re-apply under a new visa category...

 

Thank you for clarifying...for those of us in 176..wow...just 36...this new announcement just stinks.

 

I cannot understand why they do not just clear the backlog and honor the applications as they should have. Retroactive application of laws is unjust for a country that is a liberal democracy. If they offered a refund, many in the backlog would take it because not every applicant will still be interested in migrating. It is not as though every single outstanding application would actually result in a new migrant to Australia. Why they created this mess I have no idea...

 

This one really really bothers me. I hope they have the decency to refund the money at least...

[jessiepipi]

Our G5 OFFshore 475/176 application has been CAP!!!!!

 

 

[h=1]Cap and Cease arrangements for offshore General Skilled Migration visa applications[/h] Page Content

 

The Assistant Minister set a cap for offshore General Skilled Migration (GSM) visas which takes effect on 22 September 2015. The following offshore General Skilled Migration (GSM) visas are affected:

 

 

• Skilled Independent (subclass 175)
  
• Skilled Sponsored (subclass 176)
  
• Skilled Regional Sponsored (subclass 475).
  

 

The cap sets the maximum number of places that can be granted in the 2015–16 financial year for these visa subclasses. This total has already been reached. Therefore, applications for these visas that were not finalised before 22 September 2015 are taken not to have been made and the relevant visa application charge will be repaid to affected applicants.

If your application is affected by the Cap and Cease determination, we will send you, or your authorised recipient (if you have one), a letter of notification.

[CaptainC]

I really feel for you guys. That's a real blow.

 

Hopefully you can receive the refunds you deserve, but it won't refund the years you've been waiting.

[Arshad]

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.

Edited September 22, 2015 by CaptainC
Link removed

[Keep flying]

Agree, please let me know how we can participate in?

 

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.

[westwoodwizard]

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.

 

Arshad...your desire to take action is commendable and I certainly understand your frustration as I feel it as well but consider the following.

 

1. Legal action takes time and can become costly even if you get a class action going with contributions from many. The longer the case drags out, the more likely your costs increase and who knows when you get a verdict or a settlement that satisfies you.

 

2. A class action may not necessarily yield you the results. Out of principle the government may dig in and refuse a settlement and go all the way hoping they defend their position successfully. You roll the dice on the court's verdict plus the possibility of appeals.

 

3. A case with a few members maybe more beneficial because maybe instead of wasting their time and money the government may actually give in to your demands and process your applications quietly if it involves just a few people. Of course, this option will cost more money for you but going it alone or with a few people might be better than a large group.

 

I give up. I hope they just refund the money soon and will explore another subclass with a fresh application.

Edited September 22, 2015 by westwoodwizard

[Arshad]

Arshad...your desire to take action is commendable and I certainly understand your frustration as I feel it as well but consider the following.

 

1. Legal action takes time and can become costly even if you get a class action going with contributions from many. The longer the case drags out, the more likely your costs increase and who knows when you get a verdict or a settlement that satisfies you.

 

2. A class action may not necessarily yield you the results. Out of principle the government may dig in and refuse a settlement and go all the way hoping they defend their position successfully. You roll the dice on the court's verdict plus the possibility of appeals.

 

3. A case with a few members maybe more beneficial because maybe instead of wasting their time and money the government may actually give in to your demands and process your applications quietly if it involves just a few people. Of course, this option will cost more money for you but going it alone or with a few people might be better than a large group.

 

I give up. I hope they just refund the money soon and will explore another subclass with a fresh application.

 

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.

[westwoodwizard]

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.

 

I will certainly keep up with your posts. I do not wish to give up in general as I too want the permanent residency granted. I am just not sure what is left with the 176 application after the latest announcement in terms of hope. I think the latest news just closed the door on whatever remaining chance I thought I had.

 

A fresh application is no picnic in the park but I will at least take a look.

[GAGAN4321]

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.

Edited September 23, 2015 by CaptainC
Removed FB link

[GAGAN4321]

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!

[westwoodwizard]

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.

 

1. How much money did he estimate for his fees and expenses?

2. And even more importantly, how much time? Yes..of course legal action can work but it can also take years unless he is looking at some kind injunctive relief and that may only prevent the implementation of the new announcement...it may not change the status quo which was a painfully slow process for getting to 176. Did he address the substance of what he thought he could accomplish in a legal action and the time frame which ideally would be a result that leads to the immediate processing of all outstanding applications that were retroactively impacted by changes in immigration laws?

Edited September 23, 2015 by CaptainC
Removed FB link

[JamesSu]

Hey bro good news ? When did you apply,the exact date and the occupation if you dont mind telling us all

 

Hi, just wanna share with youvall my visa granted 22/9/2015 yesterday.. Wish you guys all the best luck..Immigration is working hard to proccess applications

[westwoodwizard]

Hi, just wanna share with youvall my visa granted 22/9/2015 yesterday.. Wish you guys all the best luck..Immigration is working hard to proccess applications

 

LOL....working hard? Easy to say when yours is processed. DIBP is making it clear that they are not even going to attempt to process applications that were filed under laws that changed later and were retroactively applied.

[hualingroad]

Totally agree, after 6 years wait to give this not even an answer. I would like to try the legel way, but just not faith enough.

 

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.

[westwoodwizard]

Totally agree, after 6 years wait to give this not even an answer. I would like to try the legel way, but just not faith enough.

 

Agreed. It is not about giving up on migration. Rather what is the best course of action...to keep pursuing the current application or filing a fresh new one. Understandably, not everybody may qualify under the current requirements and in that case I do understand why they cannot give up on their applications filed what is now several years ago.

[vandm]

Hi Guys

 

Dear All,

 

For the past some months i've been following this thread quietly. i applied in Nov 2008 as a family sponsored 475 applicant. sadly after 6 months after submitting my application the goal posts were changed. My friend who applied 6 months before in the same subclass got through! i waited till 2012 for something to come up. every year july used to come and bring fresh hope, only for the following april to come and quash any of those good vibes. since 2013 i've expanded my business and worked hard on it, so that i'm in a state of reaping the benefits of those hard yards. since the last 8 months or so i've lost complete interest in my application. i take this news today with a pinch of salt. my dream ended in my mind long time back. it wasnt probably in my fate to go to australia.so be it. adios mates. this forum has been a great source of strength and information. I dont have anything against the boat people, but it seems that the asylum seekers stand a better chance of getting or forcing themselves into the land of their choice! Go well guys. i may come, albeit as a silent spectator, to this forum. good luck to all those still hanging there. bye.

[janmal]

we are 176 family sponsored applied 7/10/2008 just had the visa will no longer be considered email from dept of immigration, no mention of a refund gutted.

[koopmaster]

My visa status says finalised. Is that bad???