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

[Joana]

very interesting, indeed. Today, after I got my letter my thought was the same. Should I get a refund or should I wait? I hope tommorrow I will have an answer from the immigration lawyer I have contacted in NSW. I'll let you know.

 

But I wouldn't be surpriesd that this refund if accepted ...to put an end to any future opportunity to challange the decision if it will be the case. the Department played dirty and they have to get rid of so many applications. It was their defective management and negligence and now they try to "charge" offshore applicants to pay for this because they are not Australians ant this makes things easier. I am outraged at their reason to capp this appliations."easier english standardds". It was in fact their defective list. At the time when we emigrated in Australis, 2004 I was the principal applicant (with a law degree in the french system- and only partially recognized in Oz) .

 

My husband was a doctor and he was not on the list. After 7 years , they suddenly realized that they need doctors and they do not need solicitors.....and other occupations such as "company secretary" in fact, this list was a joke, and did not reflect the real occupations in need in Au. But this price should not be paid by innocent people who were so close of getting their PR after...so many years. This is a denial of natural justice to apply rules retrospectively. they should not have continued to receive new applications.

 

very interesting legal situation....

[faraway]

Date of application: 29 - Aug. 2007

 

Nationality: Bangladeshi

 

Trade/profession: Cook

Visa type: 136bn

 

CSL, MODL or SOL: MODL

 

Medicals submitted:YES

 

Police check submitted: YES

 

Date CO assigned: Not assigned

 

Date visa granted:Not Yet (Probably never

[Guest VickyMel]

This thread is truly heartbreaking I really feel for you guys being capped and ceased it is an appauling thing.

 

I think the legal way and human rights side of things is probably the best option to cover more people, but although it is not an option for all I can see that some people would still be eligible to apply for a visa today. Is there anyway that DIAC might be pushed to consider re-examining some applicants (without them having to have a refund and start at the beginning again getting new assessments etc and a new application) in view of their skills against the current requirements for current visa types?

 

I have seen some people here who have occupations on the new SOL and their only crime is the fact that they applied at the wrong time, sat patiently and waited as requested, and are now in a dead end visa that is being scrapped for convenience and to reduce numbers.

 

Saying this I recognise that if successful it will push me further back down the queue - but lets be honest unless I continue of hit the priority list of the forever changing requirements I recognise I may be in the same position having patiently waited too.

 

Brings to mind the Manic Street Preachers song "If You Tolerate This Your Children Will Be Next" except it is us may be next...

 

Good luck to all of you on this thread you have my heartfelt sympathies

 

VickyMel

[Guest Gollywobbler]

very interesting, indeed. Today, after I got my letter my thought was the same. Should I get a refund or should I wait? I hope tommorrow I will have an answer from the immigration lawyer I have contacted in NSW. I'll let you know.

 

But I wouldn't be surpriesd that this refund if accepted ...to put an end to any future opportunity to challange the decision if it will be the case. the Department played dirty and they have to get rid of so many applications. It was their defective management and negligence and now they try to "charge" offshore applicants to pay for this because they are not Australians ant this makes things easier. I am outraged at their reason to capp this appliations."easier english standardds". It was in fact their defective list. At the time when we emigrated in Australis, 2004 I was the principal applicant (with a law degree in the french system- and only partially recognized in Oz) .

 

My husband was a doctor and he was not on the list. After 7 years , they suddenly realized that they need doctors and they do not need solicitors.....and other occupations such as "company secretary" in fact, this list was a joke, and did not reflect the real occupations in need in Au. But this price should not be paid by innocent people who were so close of getting their PR after...so many years. This is a denial of natural justice to apply rules retrospectively. they should not have continued to receive new applications.

 

very interesting legal situation....

 

Hi Joana

 

Are you living in Australia at present, either on a subclass 457 visa, a student visa or similar? Your post suggests that you might be. If so, please see this thread:

 

http://www.pomsinoz.com/forum/migration-issues/78424-thread-agents-only-re-new-gsm-changes-3.html

 

Please see George's Post #13 on 13th Feb 2010. If you are living in Australia, it appears that DIAC/the Minister had decided to leave you in peace and to continue to process your visa application. However DIAC's case management is so useless that they needed the visa applicants to tell DIAC whether or not you were in Oz.

 

If you are in Oz, which visa do you have and did you tell DIAC that you are in Oz?

 

Cheers

 

Gill

[Guest Gollywobbler]

Date of application: 29 - Aug. 2007

 

Nationality: Bangladeshi

 

Trade/profession: Cook

Visa type: 136bn

 

CSL, MODL or SOL: MODL

 

Medicals submitted:YES

 

Police check submitted: YES

 

Date CO assigned: Not assigned

 

Date visa granted:Not Yet (Probably never

 

Hi faraway

 

Welcome to Poms in Oz.

 

Are you in Oz on a subclass 457 visa or similar at the moment, please?

 

What was/is your IELTs score, please? The Minister is moaning that IELTS requirements were not as strict before September 2007 as they have become since.

 

Were you a Student in Oz or were you already a Cook before you applied for your visa?

 

When you did your skills assessment, which Skilled Pathway (A,B, D or E) did TRA assess you under, please?

 

For ages the Minister has had a plan of trying to weed out all the visa applicants who obtained skills assessments under TRA Pathway D. Pathway D was for people who had no formal qualifications but who had plenty of practical experience of doing the actual job, It was suddenly closed on 5th September 2007 and has never been replaced, despite endless (broken) promises from DIAC and the Minister that it would happen.

 

Cheers

 

Gill

[faraway]

Hi Joana

 

Are you living in Australia at present, either on a subclass 457 visa, a student visa or similar? Your post suggests that you might be. If so, please see this thread:

 

http://www.pomsinoz.com/forum/migration-issues/78424-thread-agents-only-re-new-gsm-changes-3.html

 

Please see George's Post #13 on 13th Feb 2010. If you are living in Australia, it appears that DIAC/the Minister had decided to leave you in peace and to continue to process your visa application. However DIAC's case management is so useless that they needed the visa applicants to tell DIAC whether or not you were in Oz.

 

If you are in Oz, which visa do you have and did you tell DIAC that you are in Oz?

 

Cheers

 

Gill

 

Hi Gill,

 

I have applied for PR 29 August 2007 ,at that time I was holding student Visa , my wife is in overseas so I applied offshore 136BN ( prof. :cook) . Currently I'm holding Bridging Visa A since Aug''09 as I have applied for 485 Visa . My current employer has sponsored me ( DIAC received 785 application 12 May 10) . Do you think I could transfer my offshore application to any onshore PR application as my employer has lodged the application for ENS( hasn't got the approval yet , agent told me case officer has been allocated) ? How long it may take to get result once you get case officer for 785 application ( sydney office) ?

 

Cheers

[faraway]

Hi Gill,

 

Yes, I'm living in AU , Bridging Visa A , Got TRA assesment in 2007 , IELTS 6 .

 

Regards

[Guest Bossfishy1]

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.

I do not wish to receive posts abouts any thread in my emails,thanks:err:

[libbysmum]

I do not wish to receive posts abouts any thread in my emails,thanks:err:

 

Hi bossyfish,

 

To disable emails from threads you have posted in, you need to do the following

 

1. Click "User CP" which is in the brown bar towards the top of any PIO web page.

 

2. you should see a box titled "new subscribed threads" This box contains a list of all the threads you have posted in. If there are no "new threads" please click on "view all subscribed threads" in the orange bar just underneath this box.

 

3.Place a tick in the box next to all threads you do not wish to receive emails about and in the bottom orange bar use the drop down menu and select either "delete subscription" or "no email notification"

 

Hope this helps!!

 

Sarah:wubclub:

[Guest babboo]

Hi Bossyfish

 

 

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

 

Hi Gill ... GOD bless u ... Cheers

I wrote to Nigel regarding challenging this law S 39 ... I received this response from him...

Thank you for your email.

 

In relation to challenging this, you might wish to obtain a legal opinion. I suggest a QC/SC, given the nature of the problem. You would be expected to pay for it and I do not know how much a leading barrister would charge for that opinion.

 

Best regards.

Nigel

I have requested Nigel to please suggest a name so that we can contact one...

Cheers

[Guest Seb]

Guys,

 

I am deeply saddened to hear that Minister Evil has ceased your visa applications. The man is an evil tactician and a master of deceit whose evil plans are working because we are currently disorganised, disorientated and therefore weak. His maxims: Divide et impera. Fac et excusa. Si fecisti, nega. Divide and conquer. Act now, justify later. If you committed the crime, deny it.

 

We need to rally up and fight this Evil on a common front. United we shall stand, because divided we would fall.

 

On another note, the Australian Government has recently released its new asylum seeker policy which has caused outrage among many Human Rights groups. The Australian Human Rights Commission is particularly concerned about the potential breach of Australia's international Human Rights obligations. Link

 

We need to make the AHRC aware that Australia might already be in breach of the Human Rights, regarding the lack of humanitarian and compassionate treatment towards visa applicants who have been capped and ceased, and left without the merit for judicial review.

 

The person that you need to contact is the Hon. Catherine Branson, QC. Catherine is the president of the Australian Human Rights Commission and the Human Rights Commissioner.

[Guest Bossfishy1]

Thanks for that,you can trust the welsh see!

[Joana]

yes I live in melbourne and I am an Australian Citizen> I joined this forum because my sister in law is facing this cap and cease situation. She is overseas for the moment and she had a 2007 sponsored skilled application.

 

thank you for your help and suggestions

[dasalcedo]

Ok, now It is my turn. I just got the cap and cease letter from my agent. This is disgusting, yet living in Australia wasn't enough for them to have some kind of compassion. I'm going to wait for more information from lawyers posted in this forum. These people knew who were in Australia or overseas all the time because the letter has my current address and I have changed addresses 2 times since my application without reporting to DIAC

 

Thank good I have my plan B going on and is to Canada.

 

Cheers

[virtual_bajwa]

PRE SEPTEMBER 2007 APPLICANTS

Ahmburak

Serial Number---1

Location: Ankara, Turkey

Date of application: 23 - Aug. 2007

IELTS : R:7.5 L:6.5 W:6.5 S:6.5

Nationality: Turkish

Trade/profession: IT Manager

Visa type: 136bn

CSL, MODL or SOL: SOL

Medicals submitted:Feb 2008

Police check submitted: Feb 2008

Date CO assigned: Not assigned

Date visa granted:Not Yet (Probably never)

__________________________________________________ ____________________

Rahul Patel

Serial Number----2

Date of application: 27 - Aug. 2007

Nationality: Indian

Trade/profession: Office Manager

Visa type: 496

CSL, MODL or SOL: SOL

Medicals submitted:Feb 2008

Police check submitted: Feb 2008

Date CO assigned: Not assigned

Date visa granted:Not Yet (Probably never)

__________________________________________________ ___________________

warlie

Serial Number----3

Date of Application: 27-Aug-2007

Nationality: Filipino

Trade/Profession: Personnel Officer

Visa Type: 138

CSL, MODL or SOL:

Medicals submitted: Not yet

Police check submitted: Not yet

Date CO assigned: Not assigned

Date visa granted:Not Yet

__________________________________________________ ____________________

roselyn

Serial Number----4

Date of application: 31 August 2007

Nationality: Filipino

Trade/profession: Accountant

Visa type: 136

CSL, MODL or SOL: MODL

Medicals submitted: not yet

Police check submitted:

Date CO assigned: not yet

Date visa granted: not yet

__________________________________________________ ____________________

dasalcedo

Serial Number ----5

Date of application: 30 August 2007

IELTS: Listening: 5.5 Reading: 8.0 Writing: 5.5 Speaking: 6.5

Nationality: Colombian

Trade/profession: Architect

Visa type: 136 Skilled Independent.

CSL, MODL or SOL: MODL

Medicals submitted: Twice don't remember dates.

Police check submitted: Don't remember date.

Date CO assigned: No CO assigned.

Date visa granted: No visa granted so far.

Recieved the letter regarding Ceasing of application on dated 08-07-2010

__________________________________________________ ___________________

JASPREET SINGH BAJWA

Serial Number --- 6

Date of application: 30 - Aug. 2007

IELTS score : 7.0, R 6.0, W 5.5, S 6.5 Overall 6.0

Nationality: Indian

Trade/profession: Public Relation Officer(2221-11)

Visa type: Designated Area Sponsored - Class UZ subclass 496

CSL, MODL or SOL: SOL

Medicals submitted:Twice first on 08-08,Second on 02-2010.

Police check submitted: Twice first on 09-08,Second on 02-2010.

Date CO assigned: 20 - 10 - 2008

Date visa granted:Not yet(waiting)

__________________________________________________ ____________________

sc138

Serial Number --- 7

Date of application: 27 - Aug. 2007

Nationality: Indian

Trade/profession: Tool maker

Visa type: GSM family sponsered 138

CSL, MODL or SOL: MODL

Medicals submitted: 03/2009.

Police check submitted: 03/2009

Date CO assigned: 09- 02 - 2009

Date visa granted:Not yet(waiting)

__________________________________________________ ____________________

andres96

Serial Number---8

Date of application: August 27 2007

Nationality: Colombian

IELTS: L: 6 R : 6.5 W : 5 S : 7

Trade/profession: IT

Visa type: 136

CSL, MODL or SOL: SOL

Medicals submitted: Not yet

Police check submitted: Not yet

Date CO assigned: Not yet

Date visa granted: .....

__________________________________________________ ___________________

babboo

Serial Number---9

Date of Application: 27-Aug-2007

Nationality: Indian By Birth

IELTS : L 6.5, R 5.5, W 6, S 6

Trade/Profession: Education Officer

Visa Type: BQ 138

CSL, MODL or SOL:

Medicals submitted: Feb 2008

Police check submitted: Feb 2008

Date CO assigned: Not assigned

Date visa granted:

__________________________________________________ ___________________

electrical guy(Changed to State Sponsorship

Serial Number---10

Date of application :31 august 2007

Nationality : Indian

Trade : electrician 4311-11

IELTS: s-7,l-6,r-6,w-5.5(av-6) minimum criteria was 5.5 each

Visa type : bn 137

csl/sol :sol

co assigned :december2008

medical/pcc demanded : feb2k9

state sponsorship granted : feb/2010

visa : waiting

__________________________________________________ ____________________

With thanks from handagalage aruna rangalal handa on {Embrace Australia}

Serial Number---11

Date of application:23-08-2007

Nationality:Sri Lankan

IELTS Score:5,5,5,5.5

Trade/profession: General Electricion (ASCO code 43 1111, new ANZSCO code 34 1111)

Visa type: Skilled Indipendent class BN. Sub Class 136

CSL, MODL or SOL: MODL, SOL

Medicals submitted: December 2008

Police check submitted: February 2009

Date CO assigned: December 2008

Date visa granted: ???????

__________________________________________________ ___________________

No Regrets

Serial NUmber 12

Date of application: 27 - June. 2007

Nationality: Egyptian

Trade/profession: Retail pharmacist

Visa type: skilled independent 136

CSL, MODL or SOL: MODL also CSL

Date CO assigned: 07 - 2008

Medicals submitted: 09/2008.

Got married, Hubby added on 7/2009

Date visa granted:Not yet(waiting)

IELTS : 8 ( 9,9,7,7)

Got the letter from department regarding money returned

__________________________________________________ ___________________

With thanks from Young jae of Embrace Australia.

Serial Number 13

Date of application: 26-08-2007

Nationality: S. Korea

IELTS Score: 5.5

Trade/profession: welding

Visa type: Skill Independent (Statesponsorship from WA ,November 2009)

CSL, MODL or SOL: MODL, SOL

Medicals submitted: March 2008

Police check submitted: March 2008

Date CO assigned: ?

Date visa granted: ?

__________________________________________________ ___________________

Nomad2000

Serial Number 14

Date of application: 23 - Aug. 2007

Nationality: Ukrainian

Trade/profession: Systems Manager (2231-11)

Visa type: 136

CSL, MODL or SOL: no

Medicals submitted:Dec 2008.

Police check submitted: Dec 2008

Date CO assigned: ---

Date visa granted: ?

__________________________________________________ ____________________

Apples

Serial Number - 15

Lodged the Application - August 22nd 2007

HR country applicant.: srilanka

Occupation :Analyst Programmer(2231-17)

NON CSL/NON MODL:SOL

Visa type: skilled independent visa subclass 136

IELTS : overall band 7

CO allocation –Jan 04th 2009

Job verification - Jan 9th 2009

CO Requested PCC,Medical,form 80

Visa grant : still waiting

Fees Refunded:Yes Got the letter from department on dated 07/07/2010.

__________________________________________________ ____________________

With Congrats from Pixeldim from Migrateaustralia.com forum

Serial Number : 16

Lodged application : April 2007

Occupation : Hairdresser

Acknowledgment : August 2007

CO Assigned: October 2008

Medicals : January 2008

__________________________________________________ ___________________

68Jose

Serial Number : 17

Date of application: 16 - August 2007

Nationality: Mexican

Trade/profession: Industrial Engineer

Visa type: skilled independent 136

CSL, MODL or SOL: SOL

Date CO assigned: not yet

Medicals submitted: not yet

Date visa granted:Not yet (waiting):confused:

IELTS : 7 ( 7.5,7.5,7.0,6.5)

__________________________________________________ ___________________

Joana

Serial Number --18

Nationality: Romanian

Date of application 25 August 2007

Trade/proffesion: law degree, skill assessment_community worker,

visa type: 138 skilled sponsored

Case officer : dec 2008

medical checks submitted: 20 December 2008

IELTS - submitted twice

Police checks- submitted

Visa: no visa , no money back yet

__________________________________________________ ___________________

AmirPetrol

Serial Number : 19

Nationality: Iran

Date of application: 27 Aug 2007

Trade/profession: Petroleum Eng

visa type: 136

Case officer : Not yet

Medical and PCC submitted:Not yet

IELTS scores: 6.5

Visa: Not yet

Fees Refunded: Not yet

__________________________________________________ ___________________

With thanks from Getting down under - Emigrate to Australia, Australian Immigration advice and Resources Forum member gm66867

Serial Number : 20

Nationality: ???

Date of application: 31 Aug 2k7

Trade/profession:General Electrician

visa type: class bn136

Case officer : 2k8

Medical and PCC submitted:feb/2k9

IELTS scores: 6.00

Visa: Not yet

Fees Refunded: Not yet

NOTES :--> Victoria state sponsorship applied in jan/2k10,, got sponsorship and refereed form 1100 to diac --feb /2k10 still no response from diac

__________________________________________________ ____________________

With thanks from Getting down under - Emigrate to Australia, Australian Immigration advice and Resources Forum memberoptional

Serial Number : 21

Nationality: ???

Date of application: Aug 2k7

Trade/profession: Non MODL/Non CSL

visa type: 138 family sponsor

Case officer : Nov 2k8

Medical and PCC submitted:Nov./2k8

IELTS scores: ??

Visa: Not yet

Fees Refunded: Not yet

__________________________________________________ ____________________

With thanks from Getting down under - Emigrate to Australia, Australian Immigration advice and Resources Forum member Leo24kt

Serial Number : 22

Nationality: ???

Date of application: Date 27/08/2007

Trade/profession: Non MODL/Non CSL

visa type: 138 family sponsor

Case officer : No CO

Medical and PCC submitted:Nov./2k8

IELTS scores: ??

Visa: Not yet

Fees Refunded: Not yet

__________________________________________________ ___________________

With thanks from Getting down under - Emigrate to Australia, Australian Immigration advice and Resources Forum member Knight

Serial Number : 23

Nationality: ???

Date of application: Date 27/08/2007

Trade/profession: Non MODL/Non CSL

visa type: BN 136

Case officer : No CO

Medical and PCC submitted: 1/07/2008

IELTS scores: ??

Visa: Not yet

Fees Refunded: Not yet

__________________________________________________ ___________________

Lalit

Serial Number : 24

Nationality: Indian

Date of application: Date 27/08/2007

Trade/profession: Non MODL/Non CSL

visa type: BN 136

Case officer : No CO

Medical and PCC submitted: Septmeber 2008

IELTS scores: 7

Visa: Not yet

Fees Refunded: Not yet

__________________________________________________ ___________

Mirelle

Serial Number : 25

Date of application: 20 August 2007

Nationality: Bosnia and Herzegovina

Trade/profession: General electrician

Visa type: Class BQ, Subclass 138 Skilled – Au Sponsored Visa

CSL, MODL or SOL: used to be on CSL, removed, MODL

TRA: March 2007

IELTS: March 2007, overall band 6

Date CO assigned: November 2008

Medicals submitted: December 2008, and additional X-ray check requested and submitted 11 May 2009.

Police check submitted: YES, December 2008

Job verification: December 2008

Spouse IELTS: March 2009, overall band 8

Fees Refunded:Yes Got the letter from department.

__________________________________________________ _________________________

Lucky

Serial Number --26

Nationality: India

Date of application: 29.08.2007

Job Verification : July 2009

Trade/proffesion: General Electrician (MODL- New SOL)

visa type: ??????

Case officer : ???

medical checks submitted: Submitted on request

Police checks- Submitted on request

Visa: No visa ,

Money returned : ???

__________________________________________________ ____________________

faraway

Serial Number: 27

Date of application: 29 - Aug. 2007

Nationality: Bangladeshi

Trade/profession: Cook

Visa type: 136bn

CSL, MODL or SOL: MODL

Medicals submitted:YES

Police check submitted: YES

Date CO assigned: Not assigned

Date visa granted:Not Yet (Probably never

________________________________________________________________________

[virtual_bajwa]

Ladies and Gentleman,

I am in deep sorrow that so much people in this thread are getting the letters and how much it would be in reality. Well, We need to do something to fight this unlawful act. I was was reading all the posts by different people here ,specially the suggestion by Seb was very good.

I have one more suggestion here. And this suggestion is for Indian applicants who are getting the letters regarding ceasing. Recently, I had read a news that Member Parliament from Ludhiana Manish Tewari went to Sydney to discuss issue related to Indian students. So what we can do is to just post our problems to Minister.

 

Here is the link to the news which was flashed after M.P. interview with Australian Police officials.....

Indian MP Manish Tewari discusses his meetings with Australian police officials on Vimeo

 

And one more thing we can do is to send him a mail ton his email address or we can also talk to him personally on his phone which is given in this link.....

Lok Sabha

 

Well, diplomatic and political pressures can sometimes work.

 

Here is the list of M.P. of Indian Lok Sabha . You can also mail to you respective M.P.s of your area.....

Members Home page

 

Hope for the best guys.....Good Luck...

[Guest apples]

Hi friends

Its not only the indians who have got the ceasing letter ,I received my letter yesterday iam not from India,Iam a IT professional having band score of 7 in IELTS,My job verification was also done on last year,Now they simply sent me this letter,I didnt wait for 3 years to just get this reply,I had put my entire family in a bad situation now as my husband even didnt take the good job opportunity he got recently thinking we will get our visa sooner,After the job verificatrion now my employer also knows that iam going to leave the company soon,There are lot of problems that iam facing now bcoz of this inhuman act of Australian government.I want my visa ,Plz anyone let me know what we should do,

As baboo as mentioned here should we hire a lawyer,I definetly know its going to charge more than the visa charges amount,But will it be worth,what would happen if we loose the case?Which means we are loosing more & more money .But at the end again we need to wait for the outcome of the case as we waited for this 3 years,Dont know how long more it would be.

 

Actually iam now in a desparate situation from yesterday i cant think anything right,and dont know what iam writing now.But i definetly want to do something for all my fellow affected applicants.If this issue is to be highlightned to the world or to the media ,I would even sacrifice my life for this .

[Guest Gollywobbler]

Ok, now It is my turn. I just got the cap and cease letter from my agent. This is disgusting, yet living in Australia wasn't enough for them to have some kind of compassion. I'm going to wait for more information from lawyers posted in this forum. These people knew who were in Australia or overseas all the time because the letter has my current address and I have changed addresses 2 times since my application without reporting to DIAC

 

Thank good I have my plan B going on and is to Canada.

 

Cheers

 

Hi Dasalcedo

 

Way back in Feb 2010, you raised your own concern on this forum. I pointed you to George Lombard's post #13 on the Agents Only thread, which is here:

 

http://www.pomsinoz.com/forum/migration-issues/78424-thread-agents-only-re-new-gsm-changes-3.html

 

I urged you to contact DIAC since it was plain that a new computer system that has cost them a minimum of $24 million AUD does not enable them to work out which of the applicants for offshore GSM visas are in Australia and which ones are not. (Some computer system, imho!) I grumbled because DIAC has never seen fit to provide a name and direct contact details for the person at DIAC who was supposed to be compiling the data that would enable them to extend clemency.

 

You then told me that your RMA had decided to "wait till the situation becomes clearer" before contacting DIAC on your behalf. Do I take it that your RMA did precisely nothing about contacting DIAC in the end?

 

Cheers

 

Gill

 

PS: Now is NOT the time to worry about what a mere RMA - with only a smattering of legal education behind him (all of it confined to the Immigration legislation alone) - thinks about this. The affected visa applicants need to contact the Aussie solicitors who are Accredited Specialists in Immigration Law. They have a full legal training behind them as well as being specialists in the narrow field of Immi Law, so they are the genuine experts when push comes to shove, as it now has done for people like you.

 

Looking through the list of Submissions to the Public Inquiry, Carina Ford and Michael Clothier of Clothier Anderson are both Accredited Specialists and both of them are 100% on your side.

 

http://www.aph.gov.au/senate/committee/legcon_ctte/migration_amendment_visa_capping/submissions.htm

 

Their Submissions are #146 and #472 respectively, to save you from hunting through the list! Both of them have used their firms' headed writing paper for their submissions, containing their addresses and phone numbers etc.

 

Another possibility is the Legal Workshop at the ANU College of Law. Their submission is #306.

 

David Bitel at Parish Patience in Sydney is an Accredited Specialist, has very long experience of sticking up for the underdog in a situation like yours, has had some very high profile wins against the Minister for Immi in various courts in Australia and you can bet your boots that loads of other affected visa applicants are already in touch with him:

 

http://www.parishpatience.com.au/profiles.htm

 

For a long time it has been rumoured that the Indian Government retains Mr Bitel to advise the Indian Government about Immigration issues that affect Indian Nationals in Australia. It is rumoured that two other Governments in that region retain Mr Bitel as well. I think that Pakistan might be one of them and Bangladesh might be the other, but I am not sure about the two others, whereas I think that the rumour about the Indian Government may well be true.

 

Erskine Rodan of the firm of the same name is said to be very experienced and able, as is his wife, and both of them are Accredited Specialists in Aussie Immi Law:

 

http://www.migratingtoaustraliaguidebook.com/profile.php

 

The other one who I have the most to do with is Nigel Dobbie, who trained under David Bitel:

 

http://www.ddilawyers.com/directors_profiles.php

 

A few years ago, the Howard Government tried to introduce a particularly iniquitous new Bill. The Bill sought to exclude the inherent jurisdiction of the Court in Immigration law matters by saying that it would not be possible to apply for Judicial Review in an Immi Law matter. The details are here:

 

http://www.parishpatience.com.au/JudRev04.htm

 

Nigel Dobbie had already acted for Plaintiff S157. He went on to argue that the Judicial Review Bill was a breach of Australia's written Constitution, so the Government was acting unlawfully in trying to introduce the Bill at all. The Court agreed and so the Judicial Review Bill was thrown out of Parliament. The new Cap & Kill Bill is a partial attempt to bring it back via the back door, I suspect.

 

The complete list of Parish Patience articles is below, though I have the impression that they have stopped producing them since Nigel Dobbie left the firm:

 

http://www.parishpatience.com.au/ailn.htm

 

Babboo on here has already been in touch with Nigel Dobbie, as Babboo reported in a post on this thread yesterday. Nigel wants to instruct a very senior barrister to investigate whether or not the Minister's attempt to use S39 of the Migration Act is a lawful use of that particular power in this particular context.

 

DIAC say that about 7,000 visa applications are affected by the Minister's decision to use S39. There are only about 50 Accredited Specialists in Australian Immigration Law and none of them are members of Poms in Oz. NONE of them. I have made several attempts to persuade Nigel Dobbie to join Poms in Oz because I believe that he would add great strength to the forum. However Nigel is not "forum minded" - a lot of people aren't - and I can't force him to join, so he is not a member and I don't think he has time to read Poms in Oz, even.

 

With 7,000 visa applicants, at least 2,000 of them will consult Accredited Specialist solicitors, I should think, so my guess is that all of the specialist solicitors have been/will be consulted and I can guarantee that the solicitors will all be in touch with each other because they are sure to consider whether a Class Action is possible. (I have a feeling that I read somewhere that it is not possible to bring a Class Action in an Immi Law matter, actually, but I am not an Aussie solicitor so I cannot be sure about this.)

 

I urge you to contact one of the solicitors listed above. It does not matter which one. Any of them would bust a gut to get this Cap & Cease thing overturned if they possibly can, but they are the ONLY people who can offer a decent standard of competence, legal knowledge and help in this situation. The competent RMAs will simply refer anyone who asks them to an Accredited Specialist solicitor whom the RMA happens to know. The incompetent RMAs will probably just wring their hands and do nothing, I expect.

[faraway]

Hi Dasalcedo

 

Way back in Feb 2010, you raised your own concern on this forum. I pointed you to George Lombard's post #13 on the Agents Only thread, which is here:

 

http://www.pomsinoz.com/forum/migration-issues/78424-thread-agents-only-re-new-gsm-changes-3.html

 

I urged you to contact DIAC since it was plain that a new computer system that has cost them a minimum of $24 million AUD does not enable them to work out which of the applicants for offshore GSM visas are in Australia and which ones are not. (Some computer system, imho!) I grumbled because DIAC has never seen fit to provide a name and direct contact details for the person at DIAC who was supposed to be compiling the data that would enable them to extend clemency.

 

You then told me that your RMA had decided to "wait till the situation becomes clearer" before contacting DIAC on your behalf. Do I take it that your RMA did precisely nothing about contacting DIAC in the end?

 

Cheers

 

Gill

 

PS: Now is NOT the time to worry about what a mere RMA - with only a smattering of legal education behind him (all of it confined to the Immigration legislation alone) - thinks about this. The affected visa applicants need to contact the Aussie solicitors who are Accredited Specialists in Immigration Law. They have a full legal training behind them as well as being specialists in the narrow field of Immi Law, so they are the genuine experts when push comes to shove, as it now has done for people like you.

 

Looking through the list of Submissions to the Public Inquiry, Carina Ford and Michael Clothier of Clothier Anderson are both Accredited Specialists and both of them are 100% on your side.

 

Parliament of Australia: Senate: Committees: Legal and Constitutional Affairs Committee: Migration Amendment (Visa Capping) Bill 2010 [Provisions]: Submissions Received

 

Their Submissions are #146 and #472 respectively, to save you from hunting through the list! Both of them have used their firms' headed writing paper for their submissions, containing their addresses and phone numbers etc.

 

Another possibility is the Legal Workshop at the ANU College of Law. Their submission is #306.

 

David Bitel at Parish Patience in Sydney is an Accredited Specialist, has very long experience of sticking up for the underdog in a situation like yours, has had some very high profile wins against the Minister for Immi in various courts in Australia and you can bet your boots that loads of other affected visa applicants are already in touch with him:

 

Parish Patience Immigration - About Us

 

For a long time it has been rumoured that the Indian Government retains Mr Bitel to advise the Indian Government about Immigration issues that affect Indian Nationals in Australia. It is rumoured that two other Governments in that region retain Mr Bitel as well. I think that Pakistan might be one of them and Bangladesh might be the other, but I am not sure about the two others, whereas I think that the rumour about the Indian Government may well be true.

 

Erskine Rodan of the firm of the same name is said to be very experienced and able, as is his wife, and both of them are Accredited Specialists in Aussie Immi Law:

 

Erskine & Christine Rodan | Profile

 

The other one who I have the most to do with is Nigel Dobbie, who trained under David Bitel:

 

Dobbie and Devine Immigration Lawyers Pty Ltd

 

A few years ago, the Howard Government tried to introduce a particularly iniquitous new Bill. The Bill sought to exclude the inherent jurisdiction of the Court in Immigration law matters by saying that it would not be possible to apply for Judicial Review in an Immi Law matter. The details are here:

 

Parish Patience Immigration - Judicial Review Bill 2004

 

Nigel Dobbie had already acted for Plaintiff S157. He went on to argue that the Judicial Review Bill was a breach of Australia's written Constitution, so the Government was acting unlawfully in trying to introduce the Bill at all. The Court agreed and so the Judicial Review Bill was thrown out of Parliament. The new Cap & Kill Bill is a partial attempt to bring it back via the back door, I suspect.

 

The complete list of Parish Patience articles is below, though I have the impression that they have stopped producing them since Nigel Dobbie left the firm:

 

Parish Patience Immigration - Articles on immigration issues

 

Babboo on here has already been in touch with Nigel Dobbie, as Babboo reported in a post on this thread yesterday. Nigel wants to instruct a very senior barrister to investigate whether or not the Minister's attempt to use S39 of the Migration Act is a lawful use of that particular power in this particular context.

 

DIAC say that about 7,000 visa applications are affected by the Minister's decision to use S39. There are only about 50 Accredited Specialists in Australian Immigration Law and none of them are members of Poms in Oz. NONE of them. I have made several attempts to persuade Nigel Dobbie to join Poms in Oz because I believe that he would add great strength to the forum. However Nigel is not "forum minded" - a lot of people aren't - and I can't force him to join, so he is not a member and I don't think he has time to read Poms in Oz, even.

 

With 7,000 visa applicants, at least 2,000 of them will consult Accredited Specialist solicitors, I should think, so my guess is that all of the specialist solicitors have been/will be consulted and I can guarantee that the solicitors will all be in touch with each other because they are sure to consider whether a Class Action is possible. (I have a feeling that I read somewhere that it is not possible to bring a Class Action in an Immi Law matter, actually, but I am not an Aussie solicitor so I cannot be sure about this.)

 

I urge you to contact one of the solicitors listed above. It does not matter which one. Any of them would bust a gut to get this Cap & Cease thing overturned if they possibly can, but they are the ONLY people who can offer a decent standard of competence, legal knowledge and help in this situation. The competent RMAs will simply refer anyone who asks them to an Accredited Specialist solicitor whom the RMA happens to know. The incompetent RMAs will probably just wring their hands and do nothing, I expect.

All OFFSHORE GSM applications lodged before 1 September 2007 cancelled

 

All OFFSHORE GSM applications lodged before 1 September 2007 will be withdrawn from processing and the applicants will have their visa application charge refunded. This does not apply to onshore pre 1 September 2007 GSM applicants. This will affect about 20,000 applicants.

Offshore GSM applications made before 1 September 2007 and which are currently at the Migration Review Tribunal will be subject to this change. The Migration Review Tribunal is considering its refund policy in relation to these cases and we will advise you we hear further if you have a pending application for review with the MRT.

 

Parish Patience Immigration Lawyers - Welcome

[virtual_bajwa]

All OFFSHORE GSM applications lodged before 1 September 2007 cancelled

 

All OFFSHORE GSM applications lodged before 1 September 2007 will be withdrawn from processing and the applicants will have their visa application charge refunded. This does not apply to onshore pre 1 September 2007 GSM applicants. This will affect about 20,000 applicants.

Offshore GSM applications made before 1 September 2007 and which are currently at the Migration Review Tribunal will be subject to this change. The Migration Review Tribunal is considering its refund policy in relation to these cases and we will advise you we hear further if you have a pending application for review with the MRT.

 

Parish Patience Immigration Lawyers - Welcome

 

Thanks matey for the information,

I think this is an old information. This is the changes announced on 8 Feb 2010. They have not updated the website according to new changes of 1 July 2010. U can see they have not updated their website on 1 July 2010 updates...

It's not all Pre September changes...

 

New changes on Pre September changes are here which does not include provisional visa applications..

Capping and ceasing of specified offshore GSM applications lodged before 1 September 2007 – 1 July 2010

 

On 8 February 2010, the Minister for Immigration and Citizenship, Senator Chris Evans, announced that applications for certain offshore skilled migration visas made before 1 September 2007 would be capped and ceased. The Minister has now set the maximum number of visas that can be granted for the specified visa classes in the 2009-10 financial year. As the cap has now been reached, applications subject to the capping decision have now ceased. As part of this process the relevant Visa Application Charge(s) will be returned to the applicant and information about the method of repayment will be available on this website shortly.

The following visa subclasses have been affected by this arrangement.

 

 

• Skill Matching (Subclass 134)

• Skilled – Independent (Subclass 136)

• Skilled – State/Territory-Nominated Independent (Subclass 137)

• Skilled – Australian Sponsored (Subclass 138)

• Skilled – Designated Area Sponsored (Subclass 139).

 

[Guest Gollywobbler]

Ladies and Gentleman,

I am in deep sorrow that so much people in this thread are getting the letters and how much it would be in reality. Well, We need to do something to fight this unlawful act. I was was reading all the posts by different people here ,specially the suggestion by Seb was very good.

I have one more suggestion here. And this suggestion is for Indian applicants who are getting the letters regarding ceasing. Recently, I had read a news that Member Parliament from Ludhiana Manish Tewari went to Sydney to discuss issue related to Indian students. So what we can do is to just post our problems to Minister.

 

Here is the link to the news which was flashed after M.P. interview with Australian Police officials.....

Indian MP Manish Tewari discusses his meetings with Australian police officials on Vimeo

 

And one more thing we can do is to send him a mail ton his email address or we can also talk to him personally on his phone which is given in this link.....

Lok Sabha

 

Well, diplomatic and political pressures can sometimes work.

 

Here is the list of M.P. of Indian Lok Sabha . You can also mail to you respective M.P.s of your area.....

Members Home page

 

Hope for the best guys.....Good Luck...

 

Hi VB

 

I think that your idea that Indian Nationals should contact any relevant Indian politicians is an excellent one. I would suggest the Indian High Commissioner to Australia as well. She is in Canberra and the details are below:

 

Home Page

 

List of High Commission Members

 

Cheers

 

Gill

[virtual_bajwa]

Great idea,

Keep coming. Guys please mail them as soon as possible.

[Guest nomad2000]

I've also got the "cap&cease" message from DIAC.

As well as many other applicants from russian forum gday.ru

[virtual_bajwa]

I've also got the "cap&cease" message from DIAC.

As well as many other applicants from russian forum gday.ru

Very sad news...

[Guest Gollywobbler]

Hi VB

 

I have lobbied Mrs Singh, the Indian High Commissioner to Australia. I have copied the e-mail to you. The Indian HC are bound to have a senior official called the "Liaison Officer between the Indian Government and DIAC," (or a similar sort of job title) I should think, because David Wilden is DIAC's Regional Director for Europe, based at the Australian High Commission in London.

 

Even if Mrs Singh cannot be seen to do anything herself, I'm sure that one of her senior staff can be seen to "express grave concern" to the Australian Government - or something similar.

 

I can't very well lobby any Indian MPs myself because I am not an Indian Citizen or a Permanent Resident of Australia, so it would be cheeky for me to pester an Indian MP. However there is nothing to prevent you from forwarding my e-mail to an MP or three if you wish.....

 

Cheers

 

Gill