Legal appeal for 457 result under new policy

[acc0101]

Hi all, 

My 457 application lodged on Fed before the new policy change, my job has been moved to STOSL  and result is still pending. 

There's no doubt that my visa will be granted for 2 years, no pathway to PR. 

 

Immigration keeps changing all the time, but the MOST unfair part for this 457 new policy is the government apply those new rule to who had submitted their application before 19th April. 

We followed the old rule to apply Visa, and come up with a result that we are not applying for.  Is that reasonable ? Is that fair ? 

 

I am wondering is there any legal action we could do to appeal. 

[wrussell]

When rules change, the DIBP often treats unfinalised applications under new rules.

Fairness and reasonableness play no part in immigration decisions.

Many applicant lodged perfectly good applications only to be told some 6+ years later that the rules had changed and they had not made an application at all.

[VERYSTORMY]

Do you appreciate that there was never an automatic path between a 457 and PR? You had to qualify for a new visa. A 457 has only ever been what it says on the tin. Temporary. It was also never a four year visa. It could be granted for anything between one day and four years. 

[acc0101]

1 hour ago, wrussell said:

When rules change, the DIBP often treats unfinalised applications under new rules.

Fairness and reasonableness play no part in immigration decisions.

Many applicant lodged perfectly good applications only to be told some 6+ years later that the rules had changed and they had not made an application at all.

with those new rules on Visa 186 announced on 1st July, it will only apply on new application, not the pending one. 

 

[p182]

On 7/5/2017 at 12:39, VERYSTORMY said:

Do you appreciate that there was never an automatic path between a 457 and PR? You had to qualify for a new visa. A 457 has only ever been what it says on the tin. Temporary. It was also never a four year visa. It could be granted for anything between one day and four years. 

Yes and no really. Governments, employers and employees have used it as a de facto PR pathway, even if did say otherwise on the tin. Some of the more recent changes have been to address this. So while you technically, as everybody has been acting otherwise for a long time you can see why some people are disappointed when such changes are made.