On 22 September 2015 the Assistant Minister set a cap for offshore General Skilled Migration (GSM) visas. The following offshore General Skilled Migration (GSM) visas are affected:
- Skilled Independent (subclass 175)
- Skilled Sponsored (subclass 176)
- Skilled Regional Sponsored (subclass 475).
The cap sets the maximum number of places that can be granted in the 2015–16 financial year for these visa subclasses. This total has already been reached. Therefore, applications for these visas that were not finalised before 22 September 2015 are taken not to have been made and the relevant visa application charge will be repaid to affected applicants.
This means that applicants who have been waiting for years are only entitled to a refund. The MIA has corresponded with DIBP and received the following response:
It is understandable that many offshore clients will be unhappy with the outcome. The Government has determined that it is unfair to keep them waiting in the queue and we have taken action accordingly.
Having taken into account the High Court’s judgment in Plaintiff S297/2013 v Minister for Immigration and Border Protection & Anor [2014] HCA 24 and Plaintiff M150 v Minister for Immigration and Border Protection & Anor [2014] HCA 26 we remain of the view that Ministerial Determination IMMI 15/112 is validly made.
….now there’s customer service for you.
Creative commons acknowledgment for the photograph.
