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Cap and Cease High Court Challenge

11 Nov 2015

At the back end of September the Department of Immigration and Border Protection announced it had stopped processing some 'lower-priority' skilled visa classes.

It was to the uproar of many people who were waiting for a decision on points visas, affecting numerous people overseas who met the criteria for permanent skilled migration to Australia under three visa subclasses.

All visa applicants who have been patiently waiting in a queue for the Skilled Independent subclass 175, Skilled Sponsored subclass 176 and Skilled Regional Sponsored subclass 475 became subject to cap and cease. In essence, any applications for these visas which were not finalised before 22nd September 2015 were taken as not to have been made.

However, following the pre-emptive Cap and Cease strike by the Assistant Minister and the complete lack of consultation, proceedings have been commenced in the High Court challenging the legal basis of the cease and cap.

All candidates for any visa ceased or capped (i.e.: sc176 and 475) are being invited to join the action.

Other proceedings concerning all criminal deportation and non revocation of cancellation will also commence shortly. Professional costs inclusive of the High Court filing fees are set at $5k. Any enquiries are invited by Accredited Specialist Immigration Lawyer Christopher Levingston at Christopher@levingston.com.au.

Persons whose applications were ceased should not ask for a refund from DIBP if they intend to fight the matter.