supercow Posted September 24, 2015 Share Posted September 24, 2015 Sorry to hear about all the hopes being squashed in here. Out of interest, can't you just put in an EOI for the 189 or 190 visas instead? Quote Link to comment Share on other sites More sharing options...
Kazzarazza Posted September 24, 2015 Share Posted September 24, 2015 Unfortunately it's not that simple for most people, for a variety of reasons. Their occupation may no longer be on the list, they are older so lose points there, some are no longer employed in the occupation they originally applied for due to recessions and downturns. I'm sure if they were eligible they would have done so by now Quote Link to comment Share on other sites More sharing options...
vincenz Posted September 24, 2015 Share Posted September 24, 2015 Indeed, there are varies reasons some couldn't reapply with new eoi, but immi used one reason to push you away, cap and ceased. I hated these two words already, and that bloody fool assistant minister. Quote Link to comment Share on other sites More sharing options...
queenbee Posted September 24, 2015 Share Posted September 24, 2015 Been a silent reader for so long. Year after year, we patiently waited and hoped that our turn would come. They gave us hope by saying we would still be processed when everybody else would be done and and we believed them. We waited some more. And after 7 plus years, just like that, they decide to cap and cease our applications, they ignored the years we have invested waiting. I have siblings waiting for me in Australia but that reunion will never happen. Dreams and hopes crushed by a single decision after years of waiting. Why didn't they do this 5 years ago? I would've been eligible for a 189 or a 190 visa. The age alone has cost me 10 points if I apply today and because of that it is impossible for me to get 60 points. What were they thinking? So unfair, unjust and discriminating. words are not enough to express how I feel right now. I cannot even tell my son who is also looking forward to be with his cousins in Oz. This is just one of the saddest days of my life. Quote Link to comment Share on other sites More sharing options...
supercow Posted September 24, 2015 Share Posted September 24, 2015 Gut-wrenching @queenbee , so sorry to hear that Quote Link to comment Share on other sites More sharing options...
westwoodwizard Posted September 24, 2015 Share Posted September 24, 2015 (edited) Been a silent reader for so long. Year after year, we patiently waited and hoped that our turn would come. They gave us hope by saying we would still be processed when everybody else would be done and and we believed them. We waited some more. And after 7 plus years, just like that, they decide to cap and cease our applications, they ignored the years we have invested waiting. I have siblings waiting for me in Australia but that reunion will never happen. Dreams and hopes crushed by a single decision after years of waiting. Why didn't they do this 5 years ago? I would've been eligible for a 189 or a 190 visa. The age alone has cost me 10 points if I apply today and because of that it is impossible for me to get 60 points. What were they thinking? So unfair, unjust and discriminating. words are not enough to express how I feel right now. I cannot even tell my son who is also looking forward to be with his cousins in Oz. This is just one of the saddest days of my life. You are so correct. It is not that simple now to apply under a new category for everybody because not everybody will even qualify. That said, as stated many times before...there is a way and it is always the quickest and easiest way to migrate...go as a full time degree seeking student. Yes it is a costly option but you can pretty much take your whole family but it is obviously a different category and you will not be permanent residents but it does allow you to be with your family members and will allow your children to attend school and spouse to work in some capacity. And during that time as a student, you might figure out how to stay permanently or at least buy some time until you graduate and maybe by then will have found a job. There will be some struggle involved but it is an option that might lead to permanent settlement but obviously no guarantees. Edited September 24, 2015 by westwoodwizard Quote Link to comment Share on other sites More sharing options...
GAGAN4321 Posted September 24, 2015 Share Posted September 24, 2015 (edited) 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 Edited September 25, 2015 by CaptainC Removed link Quote Link to comment Share on other sites More sharing options...
Keep flying Posted September 25, 2015 Share Posted September 25, 2015 (edited) 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. 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 Edited September 25, 2015 by CaptainC Edited quoted post Quote Link to comment Share on other sites More sharing options...
hualingroad Posted September 25, 2015 Share Posted September 25, 2015 (edited) When we applied 6 years ago, family sponsored are as points as states sponsored. However those 176 475 has already got PR or TR 3 years before. Also offshore, the same points, the same job list, but totally different treatment. I think this will be the breakpoint against to the immigration office or higher. If they won't undertake our case, they have hundred ways to deal. Let us know early like 3 years ago, or don't accept our case at the starter, or give suggestion to choose states sponsored instead of family sponsored. But they don't. Edited September 25, 2015 by hualingroad Quote Link to comment Share on other sites More sharing options...
westwoodwizard Posted September 25, 2015 Share Posted September 25, 2015 With respect to Cap and Cease refund application, the following instruction appears which applies to online applications: "...if your application was lodged over the internet, a bank statement clearly listing the name on the account, the card number and the payment must be provided, along with a photocopy of the credit card used." Will somebody explain to me are they serious? You mean that applicants from more than 5 years have to somehow photocopy a credit card and remember the number that was used for an account that no longer exists? People change credit cards and banks often change card numbers anyway as a security measure and people do not normally nor is it reasonable to expect that they would actually save the old credit card...in fact banks ask that those cards be shredded as a security measure. They cannot be serious... Quote Link to comment Share on other sites More sharing options...
hualingroad Posted September 25, 2015 Share Posted September 25, 2015 I think the possible way to bargain with them is remove our cases to the states sponsored. Because we were qualificat to meet the requirements to the states sponsored. Then give a chance to fix the problem which isn't cause by us. From my view, some states are very would like to take the immigrater to increase they economy, population. As I know, kinds of different legel systems between each states and the country, just like tax, minimum payment, divorce procee are totally different. For immigration law is made by the government, but every state could make some special policies to encourage people decide stay in their state. We may force to this way. Quote Link to comment Share on other sites More sharing options...
vincenz Posted September 25, 2015 Share Posted September 25, 2015 With this cap and ceased announced, everything they did or said are ridiculous.. Guess they were hopeful we couldn't provide these thus refund deemed invalid Quote Link to comment Share on other sites More sharing options...
westwoodwizard Posted September 25, 2015 Share Posted September 25, 2015 With this cap and ceased announced, everything they did or said are ridiculous.. Guess they were hopeful we couldn't provide these thus refund deemed invalid I would be laughing but for the fact that what you say is probably true...this is sort of like somebody who apologizes for doing something wrong but does not really mean it...the offer of a refund seems to have similar logic... Quote Link to comment Share on other sites More sharing options...
wrussell Posted September 25, 2015 Share Posted September 25, 2015 With respect to Cap and Cease refund application, the following instruction appears which applies to online applications: "...if your application was lodged over the internet, a bank statement clearly listing the name on the account, the card number and the payment must be provided, along with a photocopy of the credit card used." Will somebody explain to me are they serious? You mean that applicants from more than 5 years have to somehow photocopy a credit card and remember the number that was used for an account that no longer exists? People change credit cards and banks often change card numbers anyway as a security measure and people do not normally nor is it reasonable to expect that they would actually save the old credit card...in fact banks ask that those cards be shredded as a security measure. They cannot be serious... They are serious. RMAs have (or should have) all this information on file. Quote Link to comment Share on other sites More sharing options...
westwoodwizard Posted September 25, 2015 Share Posted September 25, 2015 (edited) They are serious. RMAs have (or should have) all this information on file. In other words, the offer of a refund is not sincere. First, not everybody uses an RMA. I filed my application online by myself without assistance. Second, as stated, what are they serious about? That six years later it would be reasonable to assume that a person has a photocopy of the card in question? If they are serious about that one, then they are not serious about the refund. The RMA may have kept a photocopy of the card but an individual applicant is unlikely to have kept one at all and certainly not for six years. If I absolutely need to, I can always track down the entire credit number but the photocopy of the card used six years ago..absolutely not. Banks in most countries discourage their customers from such practices and they certainly do not want their customers holding on to old cards...they ask them to destroy their old cards...numbers are changed every few years as a security measure as well. I guess in a sense you did answer my question...the refund scheme is insincere... Edited September 25, 2015 by westwoodwizard grammar, meaning of RMA was explained... Quote Link to comment Share on other sites More sharing options...
vincenz Posted September 25, 2015 Share Posted September 25, 2015 In other words, the offer of a refund is not sincere. First, not everybody uses an RMA (I assume that means migration agent). I filed my application online by myself without assistance. Second, as stated, what are they serious about? That six years later it would be reasonable to assume that a person has a photocopy of the card in question? If they are serious about that one, then they are not serious about the refund. The RMA may have kept a photocopy of the card but an individual applicant is unlikely to have kept one at all and certainly not for six years. If I absolutely need to, I can always track down the entire credit number but the photocopy of the card used six years ago..absolutely not. Banks in most countries discourage their customers from such practices and they certainly do not want their customers holding on to old cards...they ask them to destroy their old cards...numbers are changed every few years as a security measure as well. I guess in a sense you did answer my question...the refund scheme is insincere... 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. Quote Link to comment Share on other sites More sharing options...
VERYSTORMY Posted September 25, 2015 Share Posted September 25, 2015 (edited) 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 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. Edited September 25, 2015 by CaptainC Edited quoted post Quote Link to comment Share on other sites More sharing options...
suraweeraneil Posted September 25, 2015 Share Posted September 25, 2015 (edited) 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 You can count on me. I will join the club to fight against this unfair decision. I believe we have to get at least 100 members together. A good lawyer in Australia would charge minimum $5000 for 1 sitting. So with more than 100 members it will not cost a lot individually. This is not everything. Will take this as 1 option. As somebody mentioned, they cannot take our 6 years of waiting just like that. This can be serious violation of our rights. Edited September 25, 2015 by CaptainC Edited quoted post Quote Link to comment Share on other sites More sharing options...
insizer Posted September 25, 2015 Share Posted September 25, 2015 (edited) 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. We need to take decision soon how many are we as we need to file the case ASAP. Thanks and Regards 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. Edited September 25, 2015 by CaptainC Quote Link to comment Share on other sites More sharing options...
CaptainC Posted September 25, 2015 Share Posted September 25, 2015 PLEASE NOTE: Any references to external sites eg Facebook are not permitted here as per the forum rules that you agreed to upon sign up. Editing these posts to remove links and references is a tedious task for moderators, therefore any further references by members will result in the entire post being removed. Please be mindful of the forum rules when making your posts. Thank you. Quote Link to comment Share on other sites More sharing options...
westwoodwizard Posted September 25, 2015 Share Posted September 25, 2015 You can count on me. I will join the club to fight against this unfair decision. I believe we have to get at least 100 members together. A good lawyer in Australia would charge minimum $5000 for 1 sitting. So with more than 100 members it will not cost a lot individually. This is not everything. Will take this as 1 option.As somebody mentioned, they cannot take our 6 years of waiting just like that. This can be serious violation of our rights. So then why did you and others not pursue a legal option at least three years ago if not 5 years ago whenever it became clear to everybody that new laws were being applied retroactively? How is now the time? Even if you successfully challenge the cap and cease, you simply revert back to priority processing and most people impacted the most were 176 FS offshore which were not getting processed at all during the last 6 years until only maybe recently. At that pace, it might have been another 10 years, 20 years...who knows... The cap and cease at least allows for a possible recovery of fees paid for an application that the Australian government had no sincere interest in processing anyway prior to the cap and cease announcement. I understand the desire for legal action in this matter..but not because of cap and cease but rather the whole concept of applications not being processed under the law as it existed at the time. Quote Link to comment Share on other sites More sharing options...
GAGAN4321 Posted September 25, 2015 Share Posted September 25, 2015 I just inboxed you! Quote Link to comment Share on other sites More sharing options...
GAGAN4321 Posted September 25, 2015 Share Posted September 25, 2015 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! Quote Link to comment Share on other sites More sharing options...
GAGAN4321 Posted September 25, 2015 Share Posted September 25, 2015 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. Quote Link to comment Share on other sites More sharing options...
GAGAN4321 Posted September 25, 2015 Share Posted September 25, 2015 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!!! Quote Link to comment Share on other sites More sharing options...
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