sam2009 Posted August 30, 2011 Share Posted August 30, 2011 "Hi Bowen Thanks for your assistance in this. So far, the response has been compelling, so we expect to meet with legal counsel early next week to discuss strategy. A number of applicants have raised some valid questions, and we will be discussing these questions with counsel. We hope to respond to these soon after. Please encourage the G4/G5ers to keep sending their scenarios in. Many thanks again David Harvey Solicitor Reg'd Migration Agent P:03 9940 1538 F:03 9940 1456" source:http://g4online.org/legal-action-process-feedback-david-harvey Link to comment Share on other sites More sharing options...
sam2009 Posted August 30, 2011 Author Share Posted August 30, 2011 Submitted by David Harvey - ... on Fri, 26/08/2011 - 14:17 High Court Action As all of you will be aware, there has been much discussion of the possibilities of taking legal action against the Minister for Immigration and Citizenship (the Minister) in order to force the Department of Immigration and Citizenship (DIAC) to make a decision on your visa applications. Any such litigation will have to take place in the High Court of Australia. Litigation Costs and Risks Litigating against the Minister in the High Court will incur significant legal costs. Although we will use our best endeavours to keep costs as low as possible, litigation costs are still likely to be around at least $50,000. Senior Counsel will need to be briefed and assisted by junior counsel and a solicitor. If a party is unsuccessful, the Court will usually award costs against the losing party. This means that the losing party will be liable to pay the Minister’s legal costs as well as their own legal costs. The Minister’s costs are likely to be in the same amount as the costs specified above. As far as such costs are concerned, the winning party will not usually recover 100% of their legal expenses because the losing party is only obliged to pay legal costs in accordance with the Scale of Costs published by the relevant court. These are known as “scale costs” and are considerably lower than the actual professional fees charged by lawyers. Scale costs range between 50-70% of actual fees usually charged by legal representatives. If the Minister is successful in any litigation and a costs order is made in his favour, losing litigants will have a debt to the Commonwealth and unless this is paid in full or satisfactory payment arrangements are agreed, the debt may prevent the grant of a visa. Consequently, any legal challenge should be approached with caution and only after the most careful consideration. What should be done at this stage? We believe that the most prudent thing to do at this stage is to refer a test case to Senior Legal Counsel for an opinion about the prospects of success for filing an action in the High Court to challenge the legality of DIAC's failure to decide your applications in a reasonably timely manner. Senior Counsel will also be asked to advise as to the likely costs involved in bringing the matter to Court. All persons who wish to benefit from any litigation will be required to make an equal contribution to those costs. Request for Case Scenarios We have been asking G4/G5 applicants to email us their story so we can find a good test case for consideration by Senior Counsel. Initial Assessment Fee If you wish to have your case assessed and to obtain a copy of the legal opinion, the charge is a nominal fee of $220 per person. Possible Future Action If Senior Counsel provides a legal opinion that there are reasonable prospects of success for such a legal challenge, we intend to file a test case in the High Court, based on both public and private law, subject to the necessary level of funds being provided to us to cover Court filing fees and the fees charged by the lawyers who will be running the case. Thanks for Your Response Thank you for sending in your case scenarios. The response so far, has been marvelous. Please keep them coming. Send us your Story If you want to send us your story, please do so to david@dhmigrationlaw.com.au and we will get back to you as soon as possible. Please provide the following details; Your: Name Age Date and place of application Qualification Assessed occupation and skill [*]Whether you are Australian sponsored Please Download This Form We look forward to hearing from you. More About Us www.dhmigrationlaw.com.au Link to comment Share on other sites More sharing options...
electrical guy Posted August 30, 2011 Share Posted August 30, 2011 sir david harvey, happy to watch some one trying to fight for helpless applicants either way.at least they make to realize that their supremacy could be challenged by inferior (in their views)r applicants .but we all pre-sept capped and ceased applicants were not lucky enough becoz no one stood for us to fight against unlawful act of s39 Link to comment Share on other sites More sharing options...
wrussell Posted August 31, 2011 Share Posted August 31, 2011 Let me teach you how to such eggs: Historically when the planning level for the year had been reached visa applications with grant pending would be rolled over to the next financial year. If the minister's capacity to wield S39 is not constrained, successful litigants might find themselves with a reasonable expectation of being capped and ceased. Link to comment Share on other sites More sharing options...
insizer Posted August 31, 2011 Share Posted August 31, 2011 Let me teach you how to such eggs: Historically when the planning level for the year had been reached visa applications with grant pending would be rolled over to the next financial year. If the minister's capacity to wield S39 is not constrained, successful litigants might find themselves with a reasonable expectation of being capped and ceased. it was illogical to use a rare weapon for clearing minor backlog of 4k applicants when alternatives are more reasonable and why they are now defensive to use s39 on present massive backlog.dirty politics is always a s--t over humanity. Link to comment Share on other sites More sharing options...
mandjay Posted August 31, 2011 Share Posted August 31, 2011 I think that this a very couragous attempt at gaining some justice. My own case is we have been waiting around 18 months although it feels longer and also realise that we could be in for a wait to equal that period which has already expired. We are on a 475 Regional family sponsored application. My main issue if it can be described as such is this, it seems that although DIAC s policies seem unfair and unjust, they are there to ensure that Austrailia only receives the applicants that they require to fill their skills gap. I believe that many people lose sight that their criteria changes periodically and we as applicants must learn to accept that. We do not have an ordained right to work and live there that is why we have to apply and wait until such time that we become needed. I know that is difficult to accept but accept it we have to. I believe though that Austrailia will ultimately only take in people that it wants and that they will not have their hands forced into reversing policies to appease the more liberal view. I am sure that they must look at countries around Europe and witness that unless correct policies and procedures are administered in respect of immigration then they could wind up in a similar state of affairs as their European couterparts. So although i understand peoples frustration and despair, we should accept that their system while it has its flaws , it does ensure that only the right people get that "golden ticket". Be careful what you wish for !! Link to comment Share on other sites More sharing options...
Guest JennyReid Posted August 31, 2011 Share Posted August 31, 2011 I think that this a very couragous attempt at gaining some justice.My own case is we have been waiting around 18 months although it feels longer and also realise that we could be in for a wait to equal that period which has already expired. We are on a 475 Regional family sponsored application. My main issue if it can be described as such is this, it seems that although DIAC s policies seem unfair and unjust, they are there to ensure that Austrailia only receives the applicants that they require to fill their skills gap. I believe that many people lose sight that their criteria changes periodically and we as applicants must learn to accept that. We do not have an ordained right to work and live there that is why we have to apply and wait until such time that we become needed. I know that is difficult to accept but accept it we have to. I believe though that Austrailia will ultimately only take in people that it wants and that they will not have their hands forced into reversing policies to appease the more liberal view. I am sure that they must look at countries around Europe and witness that unless correct policies and procedures are administered in respect of immigration then they could wind up in a similar state of affairs as their European couterparts. So although i understand peoples frustration and despair, we should accept that their system while it has its flaws , it does ensure that only the right people get that "golden ticket". Be careful what you wish for !! Agreed but it would be better one day, if you have a chance to have a coffee with the Aboriginals and talk about your comment on this thread and European "Invasion" in Australia ( ..Not Settlement...because the word of settlement is misleading) back then... I'm sure you will be getting wiser..I just think DIAC must employ some Aboriginals as decision makers....that'd be fair and people in cat 5 , i'm sure, will be calmer dealing with this if the Aboriginals have the final say over who can Migrate.....not the invaders or migrants ........just saying peace Link to comment Share on other sites More sharing options...
insizer Posted August 31, 2011 Share Posted August 31, 2011 I think that this a very couragous attempt at gaining some justice.My own case is we have been waiting around 18 months although it feels longer and also realise that we could be in for a wait to equal that period which has already expired. We are on a 475 Regional family sponsored application. My main issue if it can be described as such is this, it seems that although DIAC s policies seem unfair and unjust, they are there to ensure that Austrailia only receives the applicants that they require to fill their skills gap. I believe that many people lose sight that their criteria changes periodically and we as applicants must learn to accept that. We do not have an ordained right to work and live there that is why we have to apply and wait until such time that we become needed. I know that is difficult to accept but accept it we have to. I believe though that Austrailia will ultimately only take in people that it wants and that they will not have their hands forced into reversing policies to appease the more liberal view. I am sure that they must look at countries around Europe and witness that unless correct policies and procedures are administered in respect of immigration then they could wind up in a similar state of affairs as their European couterparts. So although i understand peoples frustration and despair, we should accept that their system while it has its flaws , it does ensure that only the right people get that "golden ticket". Be careful what you wish for !! but mate do u still reward labor policies spl on immigration and asylum when even high court reject their reform shttp://www.2ue.com.au/blogs/2ue-blog/malaysian-solution-failure-for-labor/20110831-1jlcr.html .its only becoz labor has used it as their political benefits and not for Australian economy wants more skilled migrants shortly. Link to comment Share on other sites More sharing options...
yc1ten Posted August 31, 2011 Share Posted August 31, 2011 it does ensure that only the right people get that "golden ticket".Be careful what you wish for !! hhhmmmm, do u have any idea as how many those right people ended up being the wrong people????? Accountant ended up working as a cleaner, filling up shelf in the supermarket, or even GP ended up driving TAXI Link to comment Share on other sites More sharing options...
Joebloggs Posted August 31, 2011 Share Posted August 31, 2011 hhhmmmm, do u have any idea as how many those right people ended up being the wrong people????? Accountant ended up working as a cleaner, filling up shelf in the supermarket, or even GP ended up driving TAXI Clearly they were the wrong type of Accountants & GPs. They may hoodwink immigration but when it comes to sitting in front of the employer in the interview.. the employer says no. Link to comment Share on other sites More sharing options...
ramot Posted September 1, 2011 Share Posted September 1, 2011 Keep this on topic please otherwise start a new thread. Please do not hijack this thread with unnecessary chatter. Link to comment Share on other sites More sharing options...
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