grm092008 Posted October 10, 2015 Share Posted October 10, 2015 Hi , this is the mail reply i got from my agent.....I think it is THE END ...........????? Dear clients We have had below response from the minister’s office to MIA’s query on the legality of the ‘Cap and Cease’ action by the DIBP. A court action is the only option available now. If you are not considering it, you may proceed to claim refund of your visa application money. The details and link for the refund form are given athttp://www.border.gov.au/Trav/Work/Work/CapandCease An email id is also provided to send the form. You can either email the refund form directly or through me. Regards.... From: MIA Notice Sent: Wednesday, 7 October 2015 12:31 PM To: Subject: 92:2015: Processing priority 5: Cap and cease - DIBP response; Regional Areas for SHEV visas [TABLE=width: 100%] [TR] [TD][TABLE=width: 100%] [TR] [TD][TABLE=width: 600, align: center] [TR] [TD] [/TD] [/TR] [/TABLE] [/TD] [/TR] [TR] [TD][TABLE=width: 600, align: center] [TR] [TD][h=2]MIA NOTICE[/h][/TD] [TD]92:2015 7 October 2015 [/TD] [/TR] [/TABLE] [/TD] [/TR] [/TABLE] [/TD] [/TR] [TR] [TD][TABLE=width: 600, align: center] [TR] [TD][/TD] [/TR] [TR] [TD][TABLE] [TR] [TD][TABLE=width: 100%] [TR] [TD][/TD] [/TR] [TR] [TD][TABLE=width: 100%] [TR] [TD][TABLE=width: 100%] [TR] [TD] [/TD] [/TR] [TR] [TD]Processing Priority 5: Cap and Cease - DIBP response [/TD] [/TR] [/TABLE] [/TD] [TD] [/TD] [/TR] [/TABLE] The MIA has raised its concerns about the fairness and validity of the capping and ceasing of Subclass 175, 176 and 475 visa grants (Ministerial Determination IMMI 15/112) with the Department of Immigration and Border Protection. The following response has been received: It is understandable that many offshore clients will be unhappy with the outcome. The Government has determined that it is unfair to keep them waiting in the queue and we have taken action accordingly. Having taken into account the High Court’s judgment in Plaintiff S297/2013 v Minister for Immigration and Border Protection & Anor [2014] HCA 24 and Plaintiff M150 v Minister for Immigration and Border Protection & Anor [2014] HCA 26 we remain of the view that Ministerial Determination IMMI 15/112 is validly made. As you would be aware, we have communicated to clients via the website and hope the information we have provided will assist affected clients receive a refund of their VAC. This Determination is not disallowable. [/TD] [/TR] [/TABLE] [/TD] [/TR] [/TABLE] [/TD] [/TR] [/TABLE] [/TD] [/TR] [/TABLE] Quote Link to comment Share on other sites More sharing options...
insizer Posted October 10, 2015 Share Posted October 10, 2015 Latest information coming is a top barrister Chirstopher Levingston is asking all effected applicants to join for class action against the govt decision. So lets hope for good. Quote Link to comment Share on other sites More sharing options...
Arshad Posted October 10, 2015 Share Posted October 10, 2015 This is someone who wants to take the DIBP to the courts - we didn't ask him for it, he wants to do it on his own i guess, But he is kind of asking for peanuts - $5000, for the case, and if it is a class case, everyone gets to pay so little. Hummmm so we will be actually paying him peanuts ... wonder what it makes him then? Any inputs Mr Russel? Or PM me about it. Others, pls contact him if you want. Cap and Cease High Court challenge Following the pre-emptive Cap and Cease strike by the Assistant Minister and the complete lack of consultation, proceedings have been commenced in the High Court challenging the legal basis of the cease and cap. All candidates for any visa ceased or capped (ie sc176 and 475) are being invited to join the action. Other proceedings concerning all criminal deportation and non revocation of cancellation will also commence shortly. Professional costs inclusive of the High Court filing fees are set at $5k. Any enquiries to me Christopher@levingston.com.au Persons ceased should not ask for a refund from DIBP if they intend to fight the matter. Christopher Levingston BA LLB MARN 9301108 Accredited Specialist Immigration Lawyer Quote Link to comment Share on other sites More sharing options...
CaptainC Posted October 10, 2015 Share Posted October 10, 2015 (edited) This is someone who wants to take the DIBP to the courts - we didn't ask him for it, he wants to do it on his own i guess, But he is kind of asking for peanuts - $5000, for the case, and if it is a class case, everyone gets to pay so little. Hummmm so we will be actually paying him peanuts ... wonder what it makes him then? Any inputs Mr Russel? Or PM me about it. Others, pls contact him if you want. Cap and Cease High Court challenge Following the pre-emptive Cap and Cease strike by the Assistant Minister and the complete lack of consultation, proceedings have been commenced in the High Court challenging the legal basis of the cease and cap. All candidates for any visa ceased or capped (ie sc176 and 475) are being invited to join the action. Other proceedings concerning all criminal deportation and non revocation of cancellation will also commence shortly. Professional costs inclusive of the High Court filing fees are set at $5k. Any enquiries to me Christopher@levingston.com.au Persons ceased should not ask for a refund from DIBP if they intend to fight the matter. Christopher Levingston BA LLB MARN 9301108 Accredited Specialist Immigration Lawyer From the post I would assume that the $5000 is a fee for each person who employs him. This agent also has offices in Islamabad according to http://WWW.MARA.GOV.AU Edited October 10, 2015 by CaptainC Quote Link to comment Share on other sites More sharing options...
Bungo Posted October 11, 2015 Share Posted October 11, 2015 This is someone who wants to take the DIBP to the courts - we didn't ask him for it, he wants to do it on his own i guess, But he is kind of asking for peanuts - $5000, for the case, and if it is a class case, everyone gets to pay so little. Hummmm so we will be actually paying him peanuts ... wonder what it makes him then? Any inputs Mr Russel? Or PM me about it. Others, pls contact him if you want. Cap and Cease High Court challenge Following the pre-emptive Cap and Cease strike by the Assistant Minister and the complete lack of consultation, proceedings have been commenced in the High Court challenging the legal basis of the cease and cap. All candidates for any visa ceased or capped (ie sc176 and 475) are being invited to join the action. Other proceedings concerning all criminal deportation and non revocation of cancellation will also commence shortly. Professional costs inclusive of the High Court filing fees are set at $5k. Any enquiries to me Christopher@levingston.com.au Persons ceased should not ask for a refund from DIBP if they intend to fight the matter. Christopher Levingston BA LLB MARN 9301108 Accredited Specialist Immigration Lawyer Peanuts? Somebody, maybe you, mentioned there are now 100 of you in your "class action" group, so that's $0.5million in the bank.. Honestly why don't you stop wasting your time on this, you aren't going to get your visa. Quote Link to comment Share on other sites More sharing options...
Kwazii Cat Posted October 11, 2015 Share Posted October 11, 2015 Can't agree more with Bungo. Some people just don't know how to let go. The 30000 odd people who were effected by the cap and cease are not and will not be on any list of government agedas. A desicion has been made by the coalition govt they won't change their mind. It is very sad but true. The public in Australia doesn't give a **** about this matter so for the govt it is a non event. Quote Link to comment Share on other sites More sharing options...
Arshad Posted October 11, 2015 Share Posted October 11, 2015 Peanuts? Somebody, maybe you, mentioned there are now 100 of you in your "class action" group, so that's $0.5million in the bank.. Honestly why don't you stop wasting your time on this, you aren't going to get your visa. As I understand it, it is $5000 for a class action if we decide to file a case as a group. And it is my time so I can do what I please with it. We may not get the visa but someone's got to make the DIBP realize that they have been unfair and next time they take a moment before playing with people"s lives. Quote Link to comment Share on other sites More sharing options...
Bungo Posted October 11, 2015 Share Posted October 11, 2015 As I understand it, it is $5000 for a class action if we decide to file a case as a group. And it is my time so I can do what I please with it. We may not get the visa but someone's got to make the DIBP realize that they have been unfair and next time they take a moment before playing with people"s lives. You think they didn't take a moment! You think that there was not lots of internal meetings and discussion before they made the announcement? You think they don't know that they have been unfair and are playing with people's lives? I think they know that very well and it doesn't need a court case to explain it. Anyone above the age of ten will understand in a second that leaving somebody in a queue for seven years and then teling them they are not coming in anyway is unfair and mean. Meanwhile you are still not going to get a visa. Quote Link to comment Share on other sites More sharing options...
Arshad Posted October 11, 2015 Share Posted October 11, 2015 You think they didn't take a moment! You think that there was not lots of internal meetings and discussion before they made the announcement? You think they don't know that they have been unfair and are playing with people's lives? I think they know that very well and it doesn't need a court case to explain it. Anyone above the age of ten will understand in a second that leaving somebody in a queue for seven years and then teling them they are not coming in anyway is unfair and mean. Meanwhile you are still not going to get a visa. Yes, I do think that they don't realize they are playing with people's lives. As for us not getting a visa, we have already been told that. Quote Link to comment Share on other sites More sharing options...
Tampines Posted October 11, 2015 Share Posted October 11, 2015 (edited) ...........to make the DIBP realize that they have been unfair and next time they take a moment before playing with people"s lives. I don't think they care anyway. Edited October 11, 2015 by Tampines Quote Link to comment Share on other sites More sharing options...
Arshad Posted October 11, 2015 Share Posted October 11, 2015 I don't think they care anyway. True. They really don't care, we've been saying that all along. Quote Link to comment Share on other sites More sharing options...
insizer Posted October 11, 2015 Share Posted October 11, 2015 (edited) It mean nobody should ask for defination of justice from lawboady against any govt rules regulations only because they have group of wise people to fight in opposition. Edited October 11, 2015 by insizer Quote Link to comment Share on other sites More sharing options...
Nemesis Posted October 11, 2015 Share Posted October 11, 2015 Peanuts? Somebody, maybe you, mentioned there are now 100 of you in your "class action" group, so that's $0.5million in the bank.. Honestly why don't you stop wasting your time on this, you aren't going to get your visa. Blinking expensive peanuts aren;t they! Just throwing five grand down the drain I reckon, its not going to change DIBPs decision. Quote Link to comment Share on other sites More sharing options...
Nemesis Posted October 11, 2015 Share Posted October 11, 2015 I don't think they care anyway. Caring is an emotion. This is a governmenf policy decision, emotions don't come into it, Even if individual staff members care and have sympathy for those who lose out they still have to do their job, and that job is to enforce the policies of DIBP. Policies are made to ensure the department meets its various targets, not to ensure that people are happy and get their hearts desire. Harsh words maybe, but thats the world of policy and politics. Quote Link to comment Share on other sites More sharing options...
dyanne Posted October 12, 2015 Share Posted October 12, 2015 As I understand it, it is $5000 for a class action if we decide to file a case as a group. And it is my time so I can do what I please with it. We may not get the visa but someone's got to make the DIBP realize that they have been unfair and next time they take a moment before playing with people"s lives. It seems that actually it is $5k for each main applicant. My concern is that even thou the lawyer would win on this particular "cap and cease", DIBP will find another way and 6 months later kill it once again. And this time with all their homework done, so no risk of any law suit again. This is my main fear. Once they broke my confidence in being fair, I can't trust them anymore that they could do the right thing. Quote Link to comment Share on other sites More sharing options...
Ozan Yusuf Kaya Posted October 13, 2015 Share Posted October 13, 2015 For your information , we filled the cap and cease form last week and , we got the mail from immigration that our refund application was confirmed and proceeded to finance department for refund. We were november 2008 176 applicants. Quote Link to comment Share on other sites More sharing options...
waitingimpatiently Posted October 13, 2015 Share Posted October 13, 2015 Caring is an emotion. This is a governmenf policy decision, emotions don't come into it, Even if individual staff members care and have sympathy for those who lose out they still have to do their job, and that job is to enforce the policies of DIBP. Policies are made to ensure the department meets its various targets, not to ensure that people are happy and get their hearts desire. Harsh words maybe, but thats the world of policy and politics. Govt. policy is not always right. Here we are not talking about decisions of emotions but about injustice. Quote Link to comment Share on other sites More sharing options...
Arshad Posted October 13, 2015 Share Posted October 13, 2015 (edited) Request for support I just signed the petition, "Federal Government, Immigration and border protection: Valid Family Sponsored Skilled Visa applications 175,176 and 475 ceased after 8 years in Limbo." at change.org. I think this is important. Will you sign it too? Here's the link: http://www.change.org/p/federal-government-immigration-and-border-protection-valid-family-sponsored-skilled-visa-applications-175-176-and-475-ceased-after-8-years-in-limbo Those who think at least raising one's voice against injustice is everyone's right and we are doing the right thing, pls sign, others just ignore this post. Thanks, Edited October 14, 2015 by CaptainC Quote Link to comment Share on other sites More sharing options...
Spring Time Posted October 13, 2015 Share Posted October 13, 2015 (edited) Support needed Thanks. Edited October 13, 2015 by CaptainC Quote Link to comment Share on other sites More sharing options...
Tampines Posted October 15, 2015 Share Posted October 15, 2015 What's the latest news regarding class action? Quote Link to comment Share on other sites More sharing options...
ChristineChew Posted October 17, 2015 Share Posted October 17, 2015 I have not logged onto this forum for some time. I was shocked as well to hear of the cap and cease as I was also a former 176 offshore applicant before I decided the waiting game has to end. One year exactly after I was granted PR in another visa category this cap and cease came into effect. I really do not know what to say. I will continue to support you guys if you decide to fight on but if there is an alternative way maybe you should consider it as well. Don't give up your dream. Quote Link to comment Share on other sites More sharing options...
Tampines Posted November 3, 2015 Share Posted November 3, 2015 Any news? Quote Link to comment Share on other sites More sharing options...
Spring Time Posted November 6, 2015 Share Posted November 6, 2015 This just posted 4 Nov 2015 : Class action begin against "cap and ceased" order of Immigration Department[h=1]www.sbs.com.au/yourlanguage/punjabi/en/content/class-action-begin-against-cap-and-cease-order-immigration-department[/h] Quote Link to comment Share on other sites More sharing options...
Tampines Posted November 24, 2015 Share Posted November 24, 2015 This just posted 4 Nov 2015 : Class action begin against "cap and ceased" order of Immigration Departmentwww.sbs.com.au/yourlanguage/punjabi/en/content/class-action-begin-against-cap-and-cease-order-immigration-department So, what's the outcome?. Quote Link to comment Share on other sites More sharing options...
wongkitogalo Posted November 30, 2015 Share Posted November 30, 2015 This just posted 4 Nov 2015 : Class action begin against "cap and ceased" order of Immigration Departmentwww.sbs.com.au/yourlanguage/punjabi/en/content/class-action-begin-against-cap-and-cease-order-immigration-department It is going no where.....i guess this is the end of these visa categories. Take the refund guys....move on with your life Quote Link to comment Share on other sites More sharing options...
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