Need some advise for appeal on the issue of Cap"n"Cease for pre-sept.2007

[electrical guy]

Not sure where you are going with all this, I still find it strange that my friend who is an electrician from the UK recently only took 9 months for his PR to be processed. I cannot understand why yours would take more than 3 years unless there was some underlying issue that you have failed to mention here.

 

I think it is wrong that you indicate that DIAC is racist, if this was so how can you explain the many successful PR visa applicants in the IT sector from the sub-continent who managed to be granted a visa from the same government dept?

diac could not be racist,i dont know where u pick from my post .it seems u have make up mind to repeat it till i have to say this in future,i have said it incapable to run oz immi in well mannered way and un matured to dealt with such critical international issues and last unfaithful coz ruled by a unfaithful & diplomatic minister chris evan.

Some people are just not suitable for Australia...... no point in blaming everyone else, its a matter of acceptance.

its good to hold money for three years of these unsuitable people to fed up...........people.may be this the new ideology of DIAC set by prev minister.

[electrical guy]

Not sure where you are going with all this, I still find it strange that my friend who is an electrician from the UK recently only took 9 months for his PR to be processed. I cannot understand why yours would take more than 3 years unless there was some underlying issue that you have failed to mention here.

the underlying issues tha i cannot find out so plz find out for me from details given below

I think it is wrong that you indicate that DIAC is racist, if this was so how can you explain the many successful PR visa applicants in the IT sector from the sub-continent who managed to be granted a visa from the same government dept?

 

Some people are just not suitable for Australia...... no point in blaming everyone else, its a matter of acceptance.

 

Regardless of whether or not DIAC are fair or racist, if you want to get into Australia you have to play under their rules. Moaning about it on an immigration forum isn't going to result in a visa anytime soon.

 

I don't know if DIAC is prejudiced, though there are anecdotes that applications from Western countries proceed more smoothly than those from Asia, and the IELTS test effectively discriminates against those whose first language isn't European.

 

The situation with Australia is that there are far more applicants than there are places. Leaving aside wistful thinking that they will hand out visas to everyone in the backlog, it's imperative that would-be migrants make themselves as attractive to DIAC as possible.

 

And to do this:

 

• Have an in-demand occupation.

• Get on an SMP or find an employer to sponsor you.

• Score highly in the IELTS test.

 

This has been my standard advice to any applicant for the last twelve months.

 

If you want to go to Oz then you're going to have to submit another application and wait for anything up to several years. If you don't like that then you aren't going.

Hi gremsay, i agree with your conclusions so i am putting my details of my prev application ceased by diac to understand you why i couldn't rely on oz immi in future

 

 

• occupation in demand --- {general electrician}always (then modl,sol, now smp)

• now smp then was state sponsorship--- Victorian state sponsorship was granted to me

   

• ielts (ON LODGMENT) --------------- 6.00{ criteria was5.5} (now same required)

 

 

also consider these ..

 

• experience--------- more than 14 years

• assessment----------TRA

   

• PCC/MED---------SUBMITTED ON DEMAND

 

so dear jeoblog,tanner and germsay ,please tell me what was my fault for giving me honor to be capped and ceased.diac was,is and will be a puppet of selfish politicians.

 

 

[Graemsay]

The Australian government has a budget on the order of $300 to $400 billion. I've heard a number of around 145,000 in the backlog waiting for a visa, so that's around $300 to $400 million in fees. That's roughly three orders of magnitude, or 0.1% of government spending.

 

It's not a big money spinner for them, despite it being a major commitment for some applicants.

[Graemsay]

Electrical Guy, on the face of it you shouldn't have a problem. It sounds like you were unlucky enough to be caught out in the August 2009 changes to processing priority, and also to be in one of the visa classes that were universally capped.

 

I'd suggest getting in touch with DIAC and find out if there were any reasons why your application wasn't processed, and also if you'd need to do a new TRA and IELTS test.

 

Then get in touch with the State of Victoria, and see if you could get state sponsorship. If your TRA is still valid then you could apply immediately (it's free). And being on the SMP puts you in a very high processing category, and you could be granted a visa within a year.

 

If you don't want to proceed then I could understand that too.

[Guest Tanner]

 

so dear jeoblog,tanner and germsay ,please tell me what was my fault for giving me honor to be capped and ceased.diac was,is and will be a puppet of selfish politicians.

 

 

 

Hi Electrical Guy,

 

Trust me, I really sympathise with your plight and can understand how difficult it would be for you.

 

However, when things don't go your way, you don't go and accuse DIAC or Australian politicians without any trace of credible evidence that they are puppets, selfish or corrupt etc.

Why can't you just see that they are doing good things for Australian people, which, unfortunately adversely affect foreigners, and accept it the way it is - with hard and fast facts. This happens all the time, in other countries as well.

After that - move on, implement backup plans, sharpen your IELTS, find sponsors. We are all here because we want to support you, but you (not just you - but also many others) have to stop being immature.

[wrussell]

The Australian government has a budget on the order of $300 to $400 billion. I've heard a number of around 145,000 in the backlog waiting for a visa, so that's around $300 to $400 million in fees. That's roughly three orders of magnitude, or 0.1% of government spending.

 

It's not a big money spinner for them, despite it being a major commitment for some applicants.

 

To be capped and ceased is a giant pain in the rear end to be sure but, not a financial catastrophe for the average POM. Spare a thought for applicants from poorer countries who have invested an amount comparable to their yearly income. Some of them have sold their inheritance and borrowed heavily only to be kicked in the head.

[Guest luckylucky]

Hi Electrical Guy,

 

Trust me, I really sympathise with your plight and can understand how difficult it would be for you.

 

However, when things don't go your way, you don't go and accuse DIAC or Australian politicians without any trace of credible evidence that they are puppets, selfish or corrupt etc.

Why can't you just see that they are doing good things for Australian people, which, unfortunately adversely affect foreigners, and accept it the way it is - with hard and fast facts. This happens all the time, in other countries as well.

 

After that - move on, implement backup plans, sharpen your IELTS, find sponsors. We are all here because we want to support you, but you (not just you - but also many others) have to stop being immature.

 

Dear jeoblog, tanner,

Simple is that you are not understanding our point or you don't want to be understand because what we want to tell here that , A minister should know that how much spaces are available in the cities & as well as job markets , also should know that how much applications accordings to occupations categories should be taken , but thing is that Chris Evan had no home work for that how should be carry the policy of immigration .

I know policy should be in the favour of the local citizen but it should be good manners , It doesn't mean that you play with others people's Time,Money and all that.

See the example of canada ,their minister have programme and he is acting according to his country programme and definitely in the favoure of local citizens .You can there is no backlog because of proper organized sheduled programme , He has been studied of coutry demand with respect of job market , Needs , Housing etc.

 

You do not need to annoyed , See Below how my application treated ;

1) Applied for General Electrician BN-136 SEP-2007.

2) IELTS 6.0 ( 5.5 Required At the time of Lodgment ) & Still 6.0

Band Required .

3) Medical & PCC Submitted on demand before May-2009.

4) Job Verified Successfully in July 2009. Since then No Answer But

Caped & Ceased .

 

My question is that what you are annoying for , Is this fair with us ? After 03-04 years , Some time decision make on humanitarian ground if you you have willingness to creat some space while applicants are on demand as well .

 

Always Regards for every one ,

 

Lucky.

[Joebloggs]

Well the number of GSM visa's was reduced in 2009 so the number of 'spaces' was reduced. Australia has the right to choose only the best applicants..... If your application was put on hold for 3 years then it's obvious you are not good enough, you will get your application fee back at some point in the future.

[electrical guy]

Electrical Guy, on the face of it you shouldn't have a problem. It sounds like you were unlucky enough to be caught out in the August 2009 changes to processing priority, and also to be in one of the visa classes that were universally capped.

 

I'd suggest getting in touch with DIAC and find out if there were any reasons why your application wasn't processed, and also if you'd need to do a new TRA and IELTS test.

 

Then get in touch with the State of Victoria, and see if you could get state sponsorship. If your TRA is still valid then you could apply immediately (it's free). And being on the SMP puts you in a very high processing category, and you could be granted a visa within a year.

 

If you don't want to proceed then I could understand that too.

graemsay ,go for reassessment under new lengthy and costly vetasses route means risk of investing another 3k dollars seems nothing sensible and wiser decision to me coz the changes they are doing to assessments are like tossing the coin, even nothing sure for within a week so one could not believe fair dealing particular when victimize in past .i doesn't hesitate to redo ielts ,medi/pcc either costing me more bucks if my prev assessment is considered for new application,yet it is still valid as confirmed by the TRA.DIAC have a preplannned answer for all capped applicants is .... BY MINISTERIAL DECISION under the desire of supremacy

[Graemsay]

If you did you TRA a couple of years ago then this thread suggests that it will still be valid. Newer assessments have a two year lifespan.

 

Assuming it's still valid, you could apply for state sponsorship for somewhere like Victoria, get a place on their SMP, and go to the head of the processing queue. Yes, it's a risk and it would be expensive, but if you want to migrate to Oz then it's your only option.

 

As I said above, complaining about being treated unfairly on Internet forums isn't going to get you there. An appeal against Cap and Cease is likely to be slower and possibly more expensive than a new application. Unfortunately sometimes there aren't any good choices.

[Guest luckylucky]

Well the number of GSM visa's was reduced in 2009 so the number of 'spaces' was reduced. Australia has the right to choose only the best applicants..... If your application was put on hold for 3 years then it's obvious you are not good enough, you will get your application fee back at some point in the future.

 

Then go back & stand on your feets , don't invite the people of the world to settle down in your country to support your economy , Definitely citizen like you'r who has no sense , just talking with out any object , are not fullfilling the local economy requirement and industrial needs.

Learn how human live , work and sense because you don't know the meaning of words , where and how to use and how to stand on saying words?

 

 

 

 

Lucky.

[Guest Stevebel]

Time for a quick recap.

 

The thread started out as what appeared to be an attempt to see how many people who had been subject to cap'n'cease had got their money back. An a questionable aside, legal counsel was apparently being sought in some form of action against the Australian immigration authorities.

 

But for the past few pages it's just been an interminable rant. It's not a "migration issue" any more, if it ever was, and there's nothing of any value to be found here.

 

Lucky (I like ironic names by the way - kudos for that!), it's unfortunate that your application was canned, but many THOUSANDS of people were affected by that. I guess they just don't feel the same false sense of entitlement as you appear to.

 

I'm not sure why you think Joe isn't contributing to the Australian economy, when he's actually IN Sydney and a permanent resident, which is more than can be said for you or I, but that's by the by.

 

The questions you're now posing simply can't be answered by the people around here. We're just normal people. We do not, in any way, shape or form represent the Australian government.

 

If you really feel that you have a case for lenience (I don't see it), or if you feel you have some form of legal recourse then you need to be talking to the immigration authorities or getting private legal counsel.

 

Or, more productively, seeking an employer who will sponsor you. You've made no secret of the fact that you feel you'd be a real asset to the country, so that should be a viable route for you.

 

Sometimes things don't work out the way you wish they had. Time for Plan B.

[electrical guy]

at last only truth will alive . mohd. hanif has got 10m dollars for compensation by oz govt for misconducting and wrong accused for bomb blasts .it is big blow to oz govt by law and second the minister mr kevin may have to face another legal defeat on cancellation of hanif's visa without sound proofs

[Guest luckylucky]

I agree on some spot of your views like we were going to different angle other then Immigration But definitely was getting worst reply by some brainless , My point was that the policy should be for every interest including local country men as well as to those who have positive assessments/on demand and waiting by minister's policy And for that Minister should have been full thorough programme and plan for intended applicants or country demands before to demage to any one , If any one demage then definitely they or he will cry and I think you are getting my point What I am saying here( stand your self to my side- you can feel the situation Because it is not only matter of immigration but 04 years time , can you give me your 04 years ,I'll give double then Diac has been charged to me ,Promise ) Offcourse you can't even to think -Horrible.

To try Australia for next time again It will be fool decision , Other Rest of world are remain to open Like CANADA ,Europe , Germany , Austria Etc. if any body like to migrate ,But I will prefer to stay my home land .

Secondly in caped and ceased , there is no rights no file up the case against the decision of caped and ceased as we applied in subclass BN-136. Chapter is finished may be according to Minister . ALLAH knows better.

But I am trying to get in connect with christropher Levingston ,I heard that he good solicitor .

 

regards,

Lucky

[electrical guy]

Well the number of GSM visa's was reduced in 2009 so the number of 'spaces' was reduced. Australia has the right to choose only the best applicants..... If your application was put on hold for 3 years then it's obvious you are not good enough, you will get your application fee back at some point in the future.

 

3 yrs........ahhhhhhh so at last you confess DIAC processing at snail's speed to distinguish who is good one or not, may be diac crew doesnt bother about the lives of hanged applicants. the payments we have made to outcome of these files not for the shelving them and forgot the rest.THREE YEARS MEANS 365 X 3 =1095 DAYS -200 DAYS (week ends+holidays in 3yrs)=895 DAYS TO WORK . so compared it to busy immi departments of other devolved countries like canada you will know where DIAC stand in place. is DIAC staff deserve huge salaries on account delayed and non processed applications .if even someone doesn't have to pay for service but after a time period his patience will come to end.

[Joebloggs]

Then go back & stand on your feets , don't invite the people of the world to settle down in your country to support your economy , Definitely citizen like you'r who has no sense , just talking with out any object , are not fullfilling the local economy requirement and industrial needs.

Learn how human live , work and sense because you don't know the meaning of words , where and how to use and how to stand on saying words?

 

 

 

 

Lucky.

 

Actually I came to Australia on a Working Holiday visa then was sponsored by my employer for 457 and then for ENS, since then I have become a citizen. I found it very easy and I have many friends who came by similar route.

 

I have always been made to feel welcome in Australia and it has become my adopted country, you are right there are skills shortages in Australia but our employers only want these positions filled by the right people.... Not by any muppet.

 

Employment laws are very strong in Australia, a bad employee is not so easy to get rid off. Many employers would rather temporarily leave a position unfilled rather than fill it with someone who is not up to the job.

 

I have perfect English so I know the meaning and use of words.

 

 

Your Plan A has failed....if you claim to be up to it ....implement plan B

[Guest Stevebel]

I'm not sure what you guys (Lucky and Electrical Guy) want from this thread.

 

I don't think anyone here is going to say that it's ok to be stuck in limbo for 3 or 4 years. I know that because there are lots of people who are in the same position.

 

I don't think anyone here is going to say that it's fair or reasonable for your applications to be capped and ceased after such a long time in limbo.

 

I read in another thread - maintained by Virtualbajwa I think (apologies if the name's spelt wrong!) - that most of the very long applications originate from high risk countries.

 

I have no insight into what's involved in DIAC processing such applications, but perhaps it's actually down to delays in getting information from the other country (i.e. the home country of the applicant)? Perhaps alot of the blocking and delaying comes because that country doesn't want their people to emigate?

 

I really don't know, but I don't think that's such an outrageous idea as assuming some sort of conspiracy theory and comparing Chris Evan to Hitler (over-react much, EG?).

 

Of course, it wouldn't kill DIAC to keep applicants informed if anything at all is happening with their application - including that sort of delay.

 

If you just want a platform to vent your anger, well you've done that. And in doing that you're bound to get a range of responses, as you have.

 

But beyond that, this thread really is pointless now. Other than for my pre-coffee morning entertainment of course :jimlad:

 

>But I will prefer to stay my home land

 

Sounds like you've come to terms with what's happened - unfair though it is - and have decided to get on with your life. Good.

 

>But I am trying to get in connect with christropher Levingston ,I heard that he good solicitor

 

I wish you luck with that. Surely it's just a case of picking up the phone and calling his firm though? His contact details are on his website: http://www.levingston.com.au/html/contact_us.html

 

I'm not sure which country you've from, but that page also lists some regional offices in Pakistan which may or may not be useful to you.

 

On the other hand, having made the decision to get on with life in your home country, maybe it would be better for your own well-being to just let it go now.

 

Either way, good luck.

[virtual_bajwa]

I read in another thread - maintained by Virtualbajwa I think (apologies if the name's spelt wrong!) - that most of the very long applications originate from high risk countries.

 

Yes , It's very much correct dear. It has been the waiting of more than 40 months for just a provisional application that too sponsored by a family member who is an Australian Citizen. That means there is no importance given to the Australian citizens here.

 

I have no insight into what's involved in DIAC processing such applications, but perhaps it's actually down to delays in getting information from the other country (i.e. the home country of the applicant)? Perhaps alot of the blocking and delaying comes because that country doesn't want their people to emigate?

 

I do not understand what type information is there which they demand for? Police report shows person has good moral and legal importance in source country. Medical shows applicants and its family does not have any serious illness. Academic certificates checked by senior lawyers shows applicants has the true copies of documents...

Then what else they want... Even after such long process they are not satisfied they could have arrange a personal interview with applicants.

[Guest luckylucky]

Actually I came to Australia on a Working Holiday visa then was sponsored by my employer for 457 and then for ENS, since then I have become a citizen. I found it very easy and I have many friends who came by similar route.

 

I have always been made to feel welcome in Australia and it has become my adopted country, you are right there are skills shortages in Australia but our employers only want these positions filled by the right people.... Not by any muppet.

 

Employment laws are very strong in Australia, a bad employee is not so easy to get rid off. Many employers would rather temporarily leave a position unfilled rather than fill it with someone who is not up to the job.

 

I have perfect English so I know the meaning and use of words.

 

 

Your Plan A has failed....if you claim to be up to it ....implement plan B

 

I don't know what's your problem ? why you are too much bothering your self . I don't need your sugesstion for future plan , I know better then you about me that what to immplement or what don't .

Just stay out of this.

[Guest luckylucky]

I'm not sure what you guys (Lucky and Electrical Guy) want from this thread.

 

I don't think anyone here is going to say that it's ok to be stuck in limbo for 3 or 4 years. I know that because there are lots of people who are in the same position.

 

I don't think anyone here is going to say that it's fair or reasonable for your applications to be capped and ceased after such a long time in limbo.

 

I read in another thread - maintained by Virtualbajwa I think (apologies if the name's spelt wrong!) - that most of the very long applications originate from high risk countries.

 

I have no insight into what's involved in DIAC processing such applications, but perhaps it's actually down to delays in getting information from the other country (i.e. the home country of the applicant)? Perhaps alot of the blocking and delaying comes because that country doesn't want their people to emigate?

 

I really don't know, but I don't think that's such an outrageous idea as assuming some sort of conspiracy theory and comparing Chris Evan to Hitler (over-react much, EG?).

 

Of course, it wouldn't kill DIAC to keep applicants informed if anything at all is happening with their application - including that sort of delay.

 

If you just want a platform to vent your anger, well you've done that. And in doing that you're bound to get a range of responses, as you have.

 

But beyond that, this thread really is pointless now. Other than for my pre-coffee morning entertainment of course :jimlad:

 

>But I will prefer to stay my home land

 

Sounds like you've come to terms with what's happened - unfair though it is - and have decided to get on with your life. Good.

 

>But I am trying to get in connect with christropher Levingston ,I heard that he good solicitor

 

I wish you luck with that. Surely it's just a case of picking up the phone and calling his firm though? His contact details are on his website: Contact Us

 

I'm not sure which country you've from, but that page also lists some regional offices in Pakistan which may or may not be useful to you.

 

On the other hand, having made the decision to get on with life in your home country, maybe it would be better for your own well-being to just let it go now.

 

Either way, good luck.

" I don't think anyone here is going to say that it's ok to be stuck in limbo for 3 or 4 years. I know

that because there are lots of people who are in the same position.

I don't think anyone here is going to say that it's fair or reasonable for your applications to be

capped and ceased after such a long time in limbo. "

 

Thanks, Finally you got realize .

 

"I do not understand what type information is there which they demand for? Police report shows person has good moral and legal importance in source country. Medical shows applicants and its family does not have any serious illness. Academic certificates checked by senior lawyers shows applicants has the true copies of documents...

Then what else they want... Even after such long process they are not satisfied they could have arrange a personal interview with applicants."

Thanks VB , You provide some points that shows they ( Minister ans Dept. ) have some hidden criteria , If they don't care above you mentioned the point .

Lucky.

[electrical guy]

I'm not sure what you guys (Lucky and Electrical Guy) want from this thread.

 

I don't think anyone here is going to say that it's ok to be stuck in limbo for 3 or 4 years. I know that because there are lots of people who are in the same position.

 

I don't think anyone here is going to say that it's fair or reasonable for your applications to be capped and ceased after such a long time in limbo.

 

I read in another thread - maintained by Virtualbajwa I think (apologies if the name's spelt wrong!) - that most of the very long applications originate from high risk countries.

 

I have no insight into what's involved in DIAC processing such applications, but perhaps it's actually down to delays in getting information from the other country (i.e. the home country of the applicant)? Perhaps alot of the blocking and delaying comes because that country doesn't want their people to emigate?

 

I really don't know, but I don't think that's such an outrageous idea as assuming some sort of conspiracy theory and comparing Chris Evan to Hitler (over-react much, EG?).

 

Of course, it wouldn't kill DIAC to keep applicants informed if anything at all is happening with their application - including that sort of delay.

 

If you just want a platform to vent your anger, well you've done that. And in doing that you're bound to get a range of responses, as you have.

 

But beyond that, this thread really is pointless now. Other than for my pre-coffee morning entertainment of course :jimlad:

 

some humans are too heartless who found reasons to laugh over others griefs, so keep enjoying ur coffee morning .god bless you.

>But I will prefer to stay my home land

 

Sounds like you've come to terms with what's happened - unfair though it is - and have decided to get on with your life. Good.

 

>But I am trying to get in connect with christropher Levingston ,I heard that he good solicitor

 

I wish you luck with that. Surely it's just a case of picking up the phone and calling his firm though? His contact details are on his website: Contact Us

 

I'm not sure which country you've from, but that page also lists some regional offices in Pakistan which may or may not be useful to you.

 

On the other hand, having made the decision to get on with life in your home country, maybe it would be better for your own well-being to just let it go now.

what they have left is dishonesty ,skepticism and signs of immorality

[Joebloggs]

I don't know what's your problem ? why you are too much bothering your self . I don't need your sugesstion for future plan , I know better then you about me that what to immplement or what don't .

Just stay out of this.

 

My problem is that you come on forums whinging that Australia is racist blah blah because you are on Cap'n'Cease.... In truth it seems that you just are not good enough to come to live here, if you were your visa would have been processed and granted years ago with all the other electricians.

 

Of course you are not going to accept that..... Its far easier for you to say that the Ex-Minister for Immigration was racist than it is for you to accept you are just useless.

 

It obvious that DIAC have already ruled that you don't make the grade.... its just the wheels of Government turn very slow but your refund will probably be returned sometime in the future.

 

Merry Christmas as we say in Oz...

[Guest luckylucky]

My problem is that you come on forums whinging that

Australia is racist blah blah 

because you are on Cap'n'Cease.... In truth it seems that you just are not good enough to come to live here, if you were your visa would have been processed and granted years ago with all the other electricians.

 

Of course you are not going to accept that..... Its far easier for you to say that the Ex-Minister for Immigration was racist than it is for you to accept you are just useless.

 

It obvious that DIAC have already ruled that you don't make the grade.... its just the wheels of Government turn very slow but your refund will probably be returned sometime in the future.

 

Merry Christmas as we say in Oz...

 

Mind you Mr.Problem I have never said that particularly " Australia is racist blah blah " or Any Australian as you mentioned above ,My point was relevent to Only Minister, So don't be over smart here on this forum.

Further Mr. Problem I am better then you by the Grace of ALMIGHTY in my particular field , Your comments shows how much you are capable ? For your kind information I was ready for the test examination but Minister didn't hear about . I think , fool poeple like you are, never tried to see the Eligible criteria mentioned in DIAC Web. site to get immigration including assessment by relevent authorities , More adding here I have already launched FOI and waiting for the answer.

Mr. Problem I've said you before don't bother your self enjoy your wine glass .

I would like to mature people here who can talk some positively , Because you like to discuss but do not know the ethics , Go learn and also get some education , I know Australia is really good country and definitely , So you should be enrolled your self in good college/university.

 

I am not here for you but for the gentlemen advise as in Main Subject (Need some advise for appeal on the issue of Cap"n"Cease for pre-sept.2007).

 

I think this should be enough for ,Next time you won't interfere .

And finally I would thanks to EG ,W.russell , VB , moving2melbourne - Kate , and to those who understood our ( Pre-Sep-2007 Applicants ) grievance shows some their sympathy & providing some guide line .

 

Thanks to all ,

 

Lucky .

[ali]

This thread seems to have moved away from the OP - I'm not sure if the OP has actually been answered, but I do think it's now run it's course. As the OP has thanked those who have given the response they hoped for - I'll close the thread.