Skill Migration Visa Sub Class136 rejected due to cap

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Skill Migration Visa Sub Class136 rejected due to cap


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Old 10-17-2010, 07:51 AM
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Skill Migration Visa Sub Class136 rejected due to cap

Hi all
I made an application in Aug 2007 and In August 10 the send me a notice that my application is taken as if not been applied and they will refund my fee due to the CAP introduce by the minister.

Since they kept it for almost 3 years, Now due to my age I cant qualify for 175, Can they do this ? what can I do ? Is thereany way that I can appeal or review ???

Anyone who can advise me on this Pls ??


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Old 10-17-2010, 10:58 AM
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Unfortunately, I do not think that there is much that you can do Raji for the government passed legislation to give provision for this to occur.
There are going to be many people in this situation for what happened over a number of years is that the numbers of skilled visa applicants were well in excess of budgetted allocations and so the government had few choices.
They could have:
. increased budgetted numbers for immigration but the danger with that is you could just end up with people immigrating to Australia and there being no work and that would create something of a an undesirable situation.
. they could do nothing and just let people wait indefinitely for visa applications to be processed.
. some people think they could have put a halt to new applications but creating a stop start approach also would mean that perhaps immigration applications on hand waiting would not be of the occupations most in demand.
. It was the demand/supply situation that did cause the government to review the whole immigration situation and processes for it was seen that there were problems being created for both applicants and Australia.
. Hence they have developed a new processing priority structure and ir is considered that many of the older applications would likely still just sit waiting for an indefinite period of time and success with any application is not guaranteed.
That is considered no good for applicants nor for management of the immigration process and hence the decision take to introduce legisation so as applicants with older applications can be advised that their application is not to be considered and there will be a refund of the application fee.

It is not easy for people in that situation but at least you are not now with an indefinite situation and can make future life plans accordingly.





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Old 10-21-2010, 12:35 AM
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I heard about that when I was in a migration seminar. The government put a CAP and refunded the money of applications filed before a specific date. I didn't understand that as well. I would think the newer applications would be the one on hold instead of the older ones.

Waiting so long just to start over and now you can't even qualify. Sorry to hear about your situation, Raji.

Maybe there are other avenues you could find instead of skilled migration.


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