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virtual_bajwa

Pre september applicants-let us count how many of us?

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Guest babboo
Hi virtual_bajwa,

 

 

The things is that they mismanaged/mishandled the immigration , They should have been calculate that how much applications and what category should be taken to fullfill Australian Market demand , But they didn't do that and now they are hammering on the applicants . You will see in up coming years ,People don't trust Because this is matter of good reputation , Honorable minister should have think about the reputation of the country that what will be impact of my decission in sense of reputation ?

I assure you here that I am 100% candidate and I will fight till the last end & won't back off , I don't want my money back I want my aim/object . For this purpose I gonna to hire an Australian solicitor to review my case , Why they delay illogically my case ?

 

Regards,

 

Lucky.

 

Yes Lucky........ I myself want to fight this out...... Where r u based and what is your application type...... Please do update...

Cheers

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Guest NoRegrets

I have received an email with cap and cease notification as well as repayment form, im not sure what to do next?? should I send the form and accept the money ?:(

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Guest babboo
I have received an email with cap and cease notification as well as repayment form, im not sure what to do next?? should I send the form and accept the money ?:(

 

Hi ! NoRegrets,

 

Can u please upload the email as attachment.....

Meanwhile if you want -- I suggest you contact Immigration lawyers and take advise. Here are a couple of them as suggested by Gollywobller a month ago or so.So, do take advice regarding accepting your VAC.

 

I have still not recieved any email from ASPC as yet but as mentioned earlier I am contemplating a legal suit in the court of law -- If possible.

 

1. Parish Patience Immigration Lawyers - Welcome

2. Immigration to Australia - Immigration Lawyer | Accredited Specialist in Immigration Law, Nigel Dobbie | Sydney Australia

3. Australian Immigration Law : Erskine Rodan Immigration Lawyers, Melbourne, Australia

 

Cheers

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Guest Gollywobbler

Hi All

 

Could somebody please copy & paste the exact words of the formal letter from DIAC, providing formal notification that the Minister has decided to Cap & Kill your application. The letter should refer to the relevant legislative Instrument and it should say that date the cessor of the application is effective from.

 

With the form about the refunds, please copy and paste that as well.

 

Otherwise, if you could be very kind and arrange for the DIAC stuff to be saved as PDF files, they can be added to a post in this threadl on Poms in Oz.

 

The specialist solicitors have said all along that they need to see the exact wording of what DIAC have said before they will be able to advise any of the affected applicants about whether there are any possible remedies via the courts in Australia.

 

Cheers

 

Gill

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Guest mirelle
Hi All

 

Could somebody please copy & paste the exact words of the formal letter from DIAC, providing formal notification that the Minister has decided to Cap & Kill your application.

 

HERE IT IS, COPY PASTE OF THE LETTER.

 

Cheers, M

Australian Government

Department of Immigration and Citizenship

Level 4, 55 Currie Street Adelaide SA 5000 GPO Box 1638 ADELAIDE SA 5001

Website: www.immi.gov.au

IN REPLY PLEASE QUOTE –

Reference:

ICSE Request ID:

Primary Applicant:

Application Type: Class BQ, Subclass 138 Skilled - Australian Sponsored visa.

BOSNIA-HERZEGOVINA

Via Email:

Notification re visa application affected by a determination under Section 39 of the Migration

Act (1958)

Dear Mr.

I am writing with reference to the application for a Class BQ, Subclass 138 Skilled - Australian

Sponsored visa, received by the Department of Immigration and Citizenship on 20 August 2007.

The information in this letter applies to Mr xxxx and any other person included in this application.

Under Section 39 of the Migration Act 1958 (the Act), the Minister for Immigration and Citizenship has the power to set the maximum number of visas of a class that may be granted in a particular financial year. Any outstanding applications of that class are taken not to have been made.

Section 39 provides that:

(1) In spite of Section 14 of the Legislative Instruments Act 2003, a prescribed criterion for

visas of a class, other than protection visas, may be the criterion that the grant of the visa

would not cause the number of visas of that class granted in a particular financial year to

exceed whatever number is fixed by the Minister, by legislative instrument, as the maximum

number of such visas that may be granted in that year (however the criterion is expressed).

(2) For the purposes of this Act, when a criterion allowed by subsection (1) prevents the grant

in a financial year of any more visas of a particular class, any outstanding applications for

the grant in that year of visas of that class are taken not to have been made.

The number of places in the skilled migration program available to applicants who are not

sponsored by an employer has been declining, and has continued to decline in 2009–10. The

Section 39 limit has been imposed in the 2009–10 financial year to reflect changes in government priorities.

On 8 February 2010 the Minister announced that he would set a maximum number for certain

offshore skilled migration visas made before 1 September 2007 that could be granted in the 2009–10 program (financial) year. In accordance with the provisions of Section 39 of the Act, once the Minister sets a cap and this number is reached, any unfinalised applications cannot be processed further.

This application is one that is affected by the “cap and cease provisions” outlined above and on 25 June 2010 the cap was reached. This means that for the reasons outlined above, this application “is taken never to have been made” and no further processing can occur.

As this application is taken not to have been made, a repayment of any initial visa application

charge (VAC) as well as any second VACs paid, will be made. This repayment will be made by

bank draft or electronic transfer after confirmation is received by the department of the payer of

these charges, together with their current postal address.

If you are seeking a repayment of a VAC, please complete the attached form and return it via email to adelaide.gsm.team13@immi.gov.au or post to:

Adelaide Skilled Processing Centre

GPO Box 1638

Adelaide SA 5001 AUSTRALIA

The department cannot refund any other costs that applicants have incurred in conjunction with

making this application as these were not payments made to the Australian Government.

Information concerning this mechanism and others used to manage the GSM program is available in the department’s Fact Sheet 21 – Managing the Migration Program at:

http://www.immi.gov.au/media/fact-sheets/21managing.htm

Further information about this decision is on the department’s website at:

http://www.immi.gov.au/skilled/general-skilled-migration/whats-new.htm

Impact on other visa applications:

The decision to “cap and cease” the application for a Class BQ, Subclass 138 Skilled - Australian

Sponsored visa lodged on 20 August 2007 does not affect any other visa that an applicant holds or any other application they may have before the department.

Assurance of Support:

Where an Assurance of Support was accepted for a skilled visa application prior to 1 January 2008 and the visa and the visa application has been “capped and ceased”, Centrelink can cancel the Assurance and cancel any bank guarantee provided in respect of the Assurance. Centrelink will also advise the assurer to contact the Commonwealth Bank to organise the return of the term deposit lodged in respect of the bank guarantee. Please remind the assurer/s to maintain their current contact information with Centrelink while this process is being completed.

The assurer/s should contact Centrelink directly if they require further information about the

process. Information on contacting Centrelink is available at http://www.centrelink.gov.au

You may need to provide a copy of this letter to your assurer to assist them in arranging the

cancellation of the Assurance by Centrelink.

Capital investment:

A capital investment is made on the understanding that the term of the investment is for 12 months.

Under the “cap and cease” provisions, you are allowed to sell your Designated Investment back to the South Australian Government Financing Authority (SAFA), prior to its maturity. SAFA

Has advised that it will buy back the investment at the market rate current at the time you wish to sell.

Enquiries can be via telephone on either +61 8 8226 9450 or +61 8 8226 9471 or by email to

mail.safa@sa.gov.au

Further Applications – General Skilled Migration (GSM)

An application for a GSM visa can be made at anytime, however before applying; potential

applicants should ensure that they can meet all of the eligibility requirements of the relevant visa.

For information about GSM visas and visa application eligibility requirements please refer to the

department’s website: www.immi.gov.au/skilled/general-skilled-migration/

Information about GSM visas for migration to Australia is also available in Booklet 6, General

Skilled Migration which contains detailed information about applying to migrate to Australia for

people who are highly skilled, are under 45 years of age and who will quickly make a contribution to the Australian economy. This booklet can be downloaded for free from the department’s website at http://www.immi.gov.au/allforms/booklets/books6.htm or subject to availability; a printed copy can be obtained from a departmental office in Australia or overseas, at a cost of AUD20.

The department acknowledges that a significant amount of time has passed since this application

was lodged and regrets any inconvenience this has caused; however, this outcome is in accordance with the provisions of the Act and cannot be changed.

Yours sincerely

Acting Manager

Business Support Section

Adelaide Skilled Processing Centre

E-mail: adelaide.gsm.team13@immi.gov.au

2 July 2010

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Guest mirelle

Hello,

I am trying to find the way to send you the letter we received from DIAC, notifying us that our visa application has been Caped and Ceased and unfortunately I can’t attach it. I do not feel comfortable to send it publicly with our name on it. If you want to, please send me the instructions on how to send it to you.

Thanks, cheers, M.

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Guest babboo
Hello,

I am trying to find the way to send you the letter we received from DIAC, notifying us that our visa application has been Caped and Ceased and unfortunately I can’t attach it. I do not feel comfortable to send it publicly with our name on it. If you want to, please send me the instructions on how to send it to you.

Thanks, cheers, M.

 

Hi ! Mirelle, what's the hitch... no one is gonna kill u for posting the exact text...

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Guest babboo
Hi All

 

Could somebody please copy & paste the exact words of the formal letter from DIAC, providing formal notification that the Minister has decided to Cap & Kill your application. The letter should refer to the relevant legislative Instrument and it should say that date the cessor of the application is effective from.

 

With the form about the refunds, please copy and paste that as well.

 

Otherwise, if you could be very kind and arrange for the DIAC stuff to be saved as PDF files, they can be added to a post in this threadl on Poms in Oz.

 

The specialist solicitors have said all along that they need to see the exact wording of what DIAC have said before they will be able to advise any of the affected applicants about whether there are any possible remedies via the courts in Australia.

 

Cheers

 

Gill

Dear Gill,

That's it all there...

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Guest NoRegrets

well I got the exact same letter from DIAC. Here is a copy of the repayment form:

 

Australian Government

Department of Immigration and Citizenship

CAP AND CEASE REPAYMENT INFORMATION FORM

DIAC Application information

Reference Details................ ICSE Request ID: .........

1. Primary Applicant’s Details:

Name :

Date of birth

Postal Address

Telephone No. (including

international and area codes)

Email Address

2. Who would you like the payment made to?

Payment to be made to

3. How would you like the payment to be made? (Please tick appropriate box and complete one

section only)

Electronic Transfer ? (Electronic transfer will be quicker than processing a bank draft)

Bank details where funds will be transferred

Name of bank

Address of bank

Name of account holder

BSB number (For Australian

accounts only)

Account Number / IBAN

SWIFT / BIC Code

Transit Number (For Canadian

accounts only)

Note: By specifying the bank account of another person in the table above, you are authorising the

Department of Immigration and Citizenship (Australian Government) to make the payment to that person.

Bank Draft ?

Name as it should appear on the Bank Draft and address where it should be sent.

Name &

Address

4. Have you ever received any payments from the Department of Immigration and Citizenship?

(Providing this information will enable us to process your payment more efficiently)

Yes I have ? No I have not ?

I authorise the Department of Immigration and Citizenship (Australian Government) to make the payment to

a person other than myself if I have specified that person in question 2 of this form.

Signature: __________________________________ Date: _____________

Important Information:

? We are unable to send bank drafts to South Africa, Italy, most Middle Eastern countries, Pakistan,

Macedonia, Philippines, Panama and applicants must nominate a bank account.

Please return the completed form to the Adelaide Skilled Processing Centre

The completed form should be scanned and emailed to Adelaide.gsm.team13@immi.gov.au

Alternatively it can be posted to:

Adelaide Skilled Processing Centre, DIAC, GPO Box 1638, Adelaide, SA, 5001, AUSTRALIA

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Guest Bossfishy1
well I got the exact same letter from DIAC. Here is a copy of the repayment form:

 

Australian Government

Department of Immigration and Citizenship

CAP AND CEASE REPAYMENT INFORMATION FORM

DIAC Application information

Reference Details................ ICSE Request ID: .........

1. Primary Applicant’s Details:

Name :

Date of birth

Postal Address

Telephone No. (including

international and area codes)

Email Address

2. Who would you like the payment made to?

Payment to be made to

3. How would you like the payment to be made? (Please tick appropriate box and complete one

section only)

Electronic Transfer (Electronic transfer will be quicker than processing a bank draft)

Bank details where funds will be transferred

Name of bank

Address of bank

Name of account holder

BSB number (For Australian

accounts only)

Account Number / IBAN

SWIFT / BIC Code

Transit Number (For Canadian

accounts only)

Note: By specifying the bank account of another person in the table above, you are authorising the

Department of Immigration and Citizenship (Australian Government) to make the payment to that person.

Bank Draft

Name as it should appear on the Bank Draft and address where it should be sent.

Name &

Address

4. Have you ever received any payments from the Department of Immigration and Citizenship?

(Providing this information will enable us to process your payment more efficiently)

Yes I have No I have not

I authorise the Department of Immigration and Citizenship (Australian Government) to make the payment to

a person other than myself if I have specified that person in question 2 of this form.

Signature: __________________________________ Date: _____________

Important Information:

We are unable to send bank drafts to South Africa, Italy, most Middle Eastern countries, Pakistan,

Macedonia, Philippines, Panama and applicants must nominate a bank account.

Please return the completed form to the Adelaide Skilled Processing Centre

The completed form should be scanned and emailed to Adelaide.gsm.team13@immi.gov.au

Alternatively it can be posted to:

Adelaide Skilled Processing Centre, DIAC, GPO Box 1638, Adelaide, SA, 5001, AUSTRALIA

Its not my thread! why u notifying me?

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Hi Bossfishy1,

I do'nt think he is addressing you. It was a general post. There is no Quote in his post. I do not know what are you talking about matey?

Well,

Is there anyone else who got the letter from DIAC?Well, I have analyzed one thing here that very few Indians are getting the letter from DIAC. May be they will come to them later.


HRC|496|30.08.07|Occup-Public Relations Profess|Ack -24.1.08|C.O.-20.10.09,11-05-2012|Med-09.09,06.12|PCC-09.09,15.05|Job veri-3.09.09|Grant-Got it Finally... on 18-June-2012:biglaugh:

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Guest babboo
Hi Bossfishy1,

I do'nt think he is addressing you. It was a general post. There is no Quote in his post. I do not know what are you talking about matey?

Well,

Is there anyone else who got the letter from DIAC?Well, I have analyzed one thing here that very few Indians are getting the letter from DIAC. May be they will come to them later.

 

Hi VB,

 

Just been ceased.... Recd. a similar letter from ASPC yesterday regarding our application...

 

I have written to a couple of Immigration lawyers regarding our application and asked for advice... Lets hope they reply in the positive.

Cheers

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Hi VB,

 

Just been ceased.... Recd. a similar letter from ASPC yesterday regarding our application...

 

I have written to a couple of Immigration lawyers regarding our application and asked for advice... Lets hope they reply in the positive.

Cheers

Hi Babboo,

 

Well,

 

It's not a good news. I request you to please post all the movements of yours from here onwards as this is very crucial for others who are effected by this Cap and Cease.


HRC|496|30.08.07|Occup-Public Relations Profess|Ack -24.1.08|C.O.-20.10.09,11-05-2012|Med-09.09,06.12|PCC-09.09,15.05|Job veri-3.09.09|Grant-Got it Finally... on 18-June-2012:biglaugh:

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Guest Gollywobbler
Hi Bossfishy1,

I do'nt think he is addressing you. It was a general post. There is no Quote in his post. I do not know what are you talking about matey?

Well,

Is there anyone else who got the letter from DIAC?Well, I have analyzed one thing here that very few Indians are getting the letter from DIAC. May be they will come to them later.

 

Hi VB

 

The Australian Government has now chosen to demonstrate that the people who run Australia are lying, two-faced turncoats who cannot be trusted an inch.

 

They have worked out that the Indian Government is poised to scream "Racism" at the drop of a hat. If they are seen to have "changed their minds" about applicants from many of the other countries first - including the UK - then it would take much of the racism wind out of the Indian Government's sails.

 

The Minister has gone out of his way to distance himself from any suggestions of racism with his new Cap & Kill Bill. His use of S39 will fall apart if any racial discrimination can be proven with it. He knows that and DIAC are merely his flunkeys.

 

I think the Indian Citizens whom they plan to cap & kill under S39 will get their notices later.

 

However, would-be migrants can turn their backs on this dishonest Australian Government by turning their own backs on Australia, period. Australia will not be quite so arrogant in six years' time when the skills shortage is holding them back and preventing swift progress in Oz but the "brightest and best" tell them, "Too late, mate. You had your chance of attracting me but you went and blew it. I'm now talking to the Canadian Government instead. So far they have not proven themselves to be lying, cheating, money-grabbing swindlers. I've become stone deaf to what you bleat that Australia still wants and needs."

 

Australia is simply NOT worth spending a fortune in money and your lives on. The place is nowhere near as attractive as it claims itself to be in its brochures. I'd be looking at Canada instead if it were me.

 

Cheers

 

Gill

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Hi VB

 

The Australian Government has now chosen to demonstrate that the people who run Australia are lying, two-faced turncoats who cannot be trusted an inch.

 

They have worked out that the Indian Government is poised to scream "Racism" at the drop of a hat. If they are seen to have "changed their minds" about applicants from many of the other countries first - including the UK - then it would take much of the racism wind out of the Indian Government's sails.

 

The Minister has gone out of his way to distance himself from any suggestions of racism with his new Cap & Kill Bill. His use of S39 will fall apart if any racial discrimination can be proven with it. He knows that and DIAC are merely his flunkeys.

 

I think the Indian Citizens whom they plan to cap & kill under S39 will get their notices later.

 

However, would-be migrants can turn their backs on this dishonest Australian Government by turning their own backs on Australia, period. Australia will not be quite so arrogant in six years' time when the skills shortage is holding them back and preventing swift progress in Oz but the "brightest and best" tell them, "Too late, mate. You had your chance of attracting me but you went and blew it. I'm now talking to the Canadian Government instead. So far they have not proven themselves to be lying, cheating, money-grabbing swindlers. I've become stone deaf to what you bleat that Australia still wants and needs."

 

Australia is simply NOT worth spending a fortune in money and your lives on. The place is nowhere near as attractive as it claims itself to be in its brochures. I'd be looking at Canada instead if it were me.

 

Cheers

 

Gill

Hi Gilly,

I am afraid this is not a true story Gilly. Well, this minister is very hard on the immigrants. If you remember those days when they passed a bill in the parliament on Education reforms in Australia. And now you see the result the Education industry in Australia is under the hammer. And most of the effected applicants of this so called education reform is Indians. 100 and 1000 of businesses closed down after this. Yes, I agree that this should be done as student factories in Australia was going out of control.Similarly, nobody in this cap and cease can do anythings. I think it is for everyone . One example is Babbo. And I have few more of my friends getting the letters. And next is the turn of ours and thousands of students who are waiting for their turn in Australia. Well the people are ceased by now are nothing to do with the cooking and hairdressing. Some of them are very professionals like mirelle.People who choose Australia as their destination because they love Australia. And they still are. Ok let us see if next Govt. comes in it will go against the policies of this Govt. It could be possible that all the applications applied during the period of this Govt. would be ceased. So this has nothing to do with Australia. This has been politically motivated game. And this will go on and on. As an Indian I know this political games played by the politicians very well.

I am very sorry if I said something wrong but this is very hard time ....


HRC|496|30.08.07|Occup-Public Relations Profess|Ack -24.1.08|C.O.-20.10.09,11-05-2012|Med-09.09,06.12|PCC-09.09,15.05|Job veri-3.09.09|Grant-Got it Finally... on 18-June-2012:biglaugh:

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Guest Gollywobbler
Hi VB,

 

Just been ceased.... Recd. a similar letter from ASPC yesterday regarding our application...

 

I have written to a couple of Immigration lawyers regarding our application and asked for advice... Lets hope they reply in the positive.

Cheers

 

Hi Babboo

 

I'm so very sorry to hear this.

 

I think that you are right. If the specialist immigration lawyers and barristers cannot find a way to challenge this iniquitous use of S39 then nobody can.

 

I re-read the Law Council of Australia's submission on the new Cap & Kill Bill last night. They say that exercising the powers contemplated by the new Bill might well put the Aussie Government in breach of its obligations under an international treaty on Human Rights. If the LCA are right, then it seems to me that the Minister's present use of S39 might have the same effect.

 

I also re-read George Lombard's submission. In his final sentence, George asks, "If the vehicle has overshot the target, do you kill the passengers or correct the steering?" He is right. Lots of the other submissions complain that the Minister is trying to cure an illness via killing the patients.

 

However, I need to keep searching through the submissions. One of them goes into some detail, describing the history of S39 and arguing that the Minister's present ideas about using it are unlawful. I think it might be the Law Institute of VIC's submission but I will need to keep searching it till I find the relevant submission.

 

Hugs :hug:

 

Gill

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Guest Gollywobbler
Its not my thread! why u notifying me?

 

Hi Bossyfish

 

The other poster was not asking you, hon.

 

I know that you have a huge number of issues in your life at the moment and that the Cap & Cease power in Section 39 is only one of them.

 

I asked affected posters to post the exact texts that they have received from DIAC because the specialist Immi lawyers in Oz have said for ages that they need to see the exact wording from DIAC before they can comment on whether it will be possible to challenge the Minister's actions and if so, how.

 

It might be a situation where the Immi lawyers could argue that the Minister is acting in breach of the written Australian Constitution. Nigel Dobbie is an Accredited Specialist in Ozzie Immi Law but he is an expert on Aussie Constitutional Law as well. He succeeded with a very high profile challenge in 2007 because what the Government proposed breached the Australian Constitution.

 

I've also seen a different suggestion by the Law Council of Australia. They think that it could be a breach of a fairly recent international convention on Human Rights, to which Australia is a signatory. If so then the Aussie Immi solicitors will ask the Aussie Human Rights solicitors what they think about all this.

 

Somebody else has provided a detailed explanation of how S39 came about and they argue that the current Minister's threatened use of S39 is unlawful because it is contrary to Parliament's original intentions with S39. It was in one of the Submissions about the new Cap & Kill Bill and I am trying to find the relevant Submission again at the moment.

 

It is perfectly possible to go to Court clutching half a dozen different legal arguments and to argue them in parallel and in the alternative if the Court does not like some of what you are saying but it is attracted to other bits, so I'm trying to work out what all the different arguments might be.

 

Cheers

 

Gill

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[quote name=Joana;802325

hI' date=' We have received the letter today.

 

Hi Joana,

 

I am deeply sorry to hear about this. This is not fair.

 

Regards,

 

John

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Guest Gollywobbler

Hi All

 

If I were affected, I would be very careful about the proposed refund.

 

My name happens to be Gill Palmer. I would instruct my bank to open a new, deposit account (preferably the type where you have to give 3 months' notice of withdrawal, so as to maximise the interest.)

 

I would call it "Gill Palmer - VAC Account." Having got the information from the Bank about the account details (the number) etc, I would then e-mail the Manager of Team 13. Mark the e-mail for the attention of the Manager of Team 13.

 

In the e-mail, I would say:

 

"Dear Sir

 

I dispute the lawfulness of the Minister's purported termination of my visa application, reference number xxxxxxxxx.

 

Therefore I have opened a new Bank account, named the Gill Palmer - VAC account. The details of my new account are on the attached form, which I return to you.

 

Please note that I will be accepting your payment SOLELY for the purpose of keeping the money safe and earning interest on it, pending the outcome of legal proceedings between the Minister and myself. I will NOT be accepting the money as any sort of compromise to my legal rights in this matter. I will hold the money as a stakeholder only, pending legal proceedings. I confirm that no other money will be paid into the account detailed in the attached DIAC form.

 

This e-mail is sent without prejudice save as to costs.

 

Yours faithfully."

 

I'd make them sweat about what my lawyer might be saying to me.

 

If you have solicitors on board, please explain to them that I suggest caution with the money so as to prevent any arguments about estoppel in the event that the client accepts the money.

 

If you have solicitors involved, please consult them. Please note that a Registered Migration Agent is NOT a solicitor unless s/he holds a legal practising certificate as well as being an RMA.

 

If you do not already have a solicitor involved, I would recommend consulting one of the solicitors in a post made by Babboo a couple of pages ago in this thread.

 

Cheers

 

Gill

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ye, I know that but ........this is the situation. I have contacted a law company from NSW . They will look at the letter and will let me know is anything can be done. They will try to initiate legal action if possible. We'll wait. However, even if legal action will be initiated no oane can repay 3 years of lost time, hopes and posponded...family plans.

 

My case officer wrote to me that her application was not considred because it was not on the Crtical list. So , it means they chose to process only aplications with occupations on the Critical list which in my opinion is not in accordance with the current power conferred by S 39. The decision to process or not an application shoud not be based on the fact that the occupation is or not in demand, or on the critical list( see Department submission to parliament). This is not written in the letter I have received but the case officer wrote me an email and which says this is the reason of capping my sister application.

 

I will try to bring my siter here(because it was her application) on a student visa.

 

will see what happens next

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Guest Gollywobbler
Hi Joana,

 

I am deeply sorry to hear about this. This is not fair.

 

Regards,

 

John

 

Hi John

 

Too right it isn't fair. Nor is it reasonable. It is not necessarily a lawful use of S39 of the Migration Act 1958 either. It might fall foul of the law for one or more different reasons.

 

It is up to the Aussie lawyers to work out what the law might be and what remedies their clients might have in Australian Law.

 

For the moment my own priority is to protect the visa applicants as far as possible because I would not put anything past Minister Evans, It is possible that he is up to some technical legal trickery with the money, based on the doctrine of Estoppel.

 

If Estoppel applies then what it would say in this context is that if the client accepts the refund then the client is estopped from making any further complaints. I have not been able to get a straight answer from any Aussie solicitors about whether or not Estoppel is a relevant consideration in this situation. Therefore I am assuming that it might be relevant - hence I am urging great caution - unless the Aussie lawyers confirm that Estoppel does not arise and would not be relevant.

 

I do not believe that the Minister is offering these refunds simply because he is a generous sort of a bloke with a kind and fair-minded heart. He is an evil, lying, stingy little git is the truth and therefore I would urge the visa applicants to treat him as if he were a rattlesnake in a bad mood until the experts on Australian Law are able to offer some detailed legal advice. The Minister might be baiting a trap with that money. The applicants cannot hurt themselves by acting with great caution.

 

The visa applicants should note that it is likely to take several weeks before the Australian lawyers are able to give any solid advice about this. Please be patient with your lawyers.

 

Cheers

 

Gill

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Guest Gollywobbler
ye, I know that but ........this is the situation. I have contacted a law company from NSW . They will look at the letter and will let me know is anything can be done. They will try to initiate legal action if possible. We'll wait. However, even if legal action will be initiated no oane can repay 3 years of lost time, hopes and posponded...family plans.

 

My case officer wrote to me that her application was not considred because it was not on the Crtical list. So , it means they chose to process only aplications with occupations on the Critical list which in my opinion is not in accordance with the current power conferred by S 39. The decision to process or not an application shoud not be based on the fact that the occupation is or not in demand, or on the critical list( see Department submission to parliament). This is not written in the letter I have received but the case officer wrote me an email and which says this is the reason of capping my sister application.

 

I will try to bring my siter here(because it was her application) on a student visa.

 

will see what happens next

 

Hi Joana

 

Whether or not an occupation was on the CSL would affect the order in which visa applications were processed before the Cap was applied.

 

The Cap was not applied until 24th June according to the legislative Instrument and until 25th June according to the letter from Team 13. You can bet your life that the Minister told DIAC to process all the outstanding applications where the occupation was on the CSL before he applied the Cap. No doubt that is why it took him several months after 8th Feb 2010 before he did anything about setting and applying the Caps.

 

I might be wrong but he seems to be having a purge on Family sponsored visa applications? I think the sc 138 is Family sponsored? The Law Council of Australia say that denying family reunification might well put the Australian Government in breach of a fairly recent Human Rights convention - which Australia has signed and ratified.

 

You have to wait to see what your lawyers say but in the meantime, thank you very much for the pdf file that you attached. It makes the whole thing much clearer.

 

Hugs :hug:

 

Gill

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Hi Joana

 

Whether or not an occupation was on the CSL would affect the order in which visa applications were processed before the Cap was applied.

 

The Cap was not applied until 24th June according to the legislative Instrument and until 25th June according to the letter from Team 13. You can bet your life that the Minister told DIAC to process all the outstanding applications where the occupation was on the CSL before he applied the Cap. No doubt that is why it took him several months after 8th Feb 2010 before he did anything about setting and applying the Caps.

 

I might be wrong but he seems to be having a purge on Family sponsored visa applications? I think the sc 138 is Family sponsored? The Law Council of Australia say that denying family reunification might well put the Australian Government in breach of a fairly recent Human Rights convention - which Australia has signed and ratified.

 

You have to wait to see what your lawyers say but in the meantime, thank you very much for the pdf file that you attached. It makes the whole thing much clearer.

 

Hugs :hug:

 

Gill

I don't know what to think any more. In my opinion, not only it is not fair but it is contradictory with what they say in the submission made to the Parliament to support the Bill. they cannot decide to cap and cease based on the fact that an application is on demand.

 

I will seek legal advice about the money refund as well. I'll keep you informed...

 

 

Jo

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Hi John

 

Too right it isn't fair. Nor is it reasonable. It is not necessarily a lawful use of S39 of the Migration Act 1958 either. It might fall foul of the law for one or more different reasons.

 

It is up to the Aussie lawyers to work out what the law might be and what remedies their clients might have in Australian Law.

 

For the moment my own priority is to protect the visa applicants as far as possible because I would not put anything past Minister Evans, It is possible that he is up to some technical legal trickery with the money, based on the doctrine of Estoppel.

 

If Estoppel applies then what it would say in this context is that if the client accepts the refund then the client is estopped from making any further complaints. I have not been able to get a straight answer from any Aussie solicitors about whether or not Estoppel is a relevant consideration in this situation. Therefore I am assuming that it might be relevant - hence I am urging great caution - unless the Aussie lawyers confirm that Estoppel does not arise and would not be relevant.

 

I do not believe that the Minister is offering these refunds simply because he is a generous sort of a bloke with a kind and fair-minded heart. He is an evil, lying, stingy little git is the truth and therefore I would urge the visa applicants to treat him as if he were a rattlesnake in a bad mood until the experts on Australian Law are able to offer some detailed legal advice. The Minister might be baiting a trap with that money. The applicants cannot hurt themselves by acting with great caution.

 

The visa applicants should note that it is likely to take several weeks before the Australian lawyers are able to give any solid advice about this. Please be patient with your lawyers.

 

Cheers

 

Gill

 

Hi Gill,

 

This is truely heart breacking for some people. Their dreams lie in tatters at the moment. Do you think that if they weren't to accept the payment or respond in anyway at all and alert the media from all the countries included in this debarcle, that they may be able to pressure IMMI into having a serious look at this again?

 

My thoughts are going towards a story via the media which depicts pain, suffering and ill treatment of human beings through this long and changing visa process. I think the world would view Australia in a different light then.

I would also be interested to see which group of countries are involved in the refund situation.

Lets hope that together on here we can help the people affected and drive towards some sort of resolution.

 

Yours in hope,

 

John

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