Class action to challenge 'cap and cease' visa decision in High Court

A Sydney immigration lawyer will launch a High Court class action against the Department of Immigration's decision to cap some skilled migrant visa approvals and cease processing unfinalised applications.

Visa

File photo. Source: AAP

Hundreds of potential migrants are expected to take part in a High Court action against a federal government decision to cancel their skilled migrant visa applications.

Sydney immigration lawyer Christopher Levingston told SBS he was waiting for advice from senior counsels in relation to a class action against a decision from then Assistant Immigration Minister Michaelia Cash to cap certain visa approvals and cancel those applications still to be considered.

"Immigration is in for a fight," Mr Levingston said.

"We are hoping to launch [the action] before October 30 and we're anticipating we will have no fewer than hundreds and we're hoping for over a thousand [participants]." 

The Department of Immigration announced last month it had capped visa approvals, and would cease to process applications for, three skilled migrant visa types: subclass 175 (Skilled Independent), subclass 176 (Skilled Sponsored) and subclass 475 (Skilled Regional Sponsored).
The statement said: "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."

It is believed some applicants had been waiting up to eight years to have their applications processed.


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