Offshore Partner Visa 309/100 Waiting Room - Page 441

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Offshore Partner Visa 309/100 Waiting Room - Page 441


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  #4401 (permalink)  
Old 08-28-2020, 10:04 AM
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Quote:
Originally Posted by kev747 View Post
Do you know how long their 309 visa was in the system?
Applied in August 2019.

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  #4402 (permalink)  
Old 08-28-2020, 10:04 AM
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Quote:
Originally Posted by JandE View Post
We know that immigration need to control the numbers entering Australia, and they will find ways to reach their targets.

I
Partner visas are by law meant to be granted on a demand basis and can not be capped. The department is in breach of the act.

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  #4403 (permalink)  
Old 08-28-2020, 10:13 AM
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Originally Posted by MrTambok View Post
J and E is there a Bill being tabled or are we talking about a petition?
I am a bit confused
There is the petition and the House Notice Paper No. 63 - 25/08/2020.

It seems it is a Private Members Business, not a Bill.

But that seems similar to the petition.

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  #4404 (permalink)  
Old 08-28-2020, 10:17 AM
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https://parlinfo.aph.gov.au/parlInfo...xcrBQtSwD6Vyyc

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  #4405 (permalink)  
Old 08-28-2020, 10:34 AM
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Quote:
Originally Posted by Ravencourt View Post
Partner visas are by law meant to be granted on a demand basis and can not be capped. The department is in breach of the act.
Partner visas are not capped.

From what I have read, permanent migration can be capped.

The issue in question is that some people want more of the percentage of visas granted to be given to Family visas (Partner Visas etc) and less to Skilled migration applicants.

That is 'allocation of available grants', rather than capping in the normal sense. Hence no specific breach of the act, or at least none that anyone seems able to do anything about legally.

2019-20 was:
Skill stream (108,682 places in 2019-20, 69.5 per cent of the program).
Family stream (47,732 places in 2019-20, 30.5 per cent of the program).
These percentages have been similar for some years now.

For more family visas to be issued, they would need to reduce the numbers of skilled visas granted.

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  #4406 (permalink)  
Old 08-28-2020, 10:45 AM
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If the department is putting a ceiling to the number of family visas they will grant every year which is supposed to be based on a demand driven basis not a set number by the government and perhaps this number could decrease gradually when the department decides to lower the migration intake, then its a cap.

If it looks like a cap, it feels like a cap then its a cap. I don't know which logic you're using.

It's OK to defend the DHA if you like but no need to suck up for them that much mate. You have a grossly disgustingly negative vibe. Your body itches you a lot every time someone write about petition or class action against DHA. Are you peter Dutton?😂

Quote:
Originally Posted by JandE View Post
Quote:
Originally Posted by Ravencourt View Post
Partner visas are by law meant to be granted on a demand basis and can not be capped. The department is in breach of the act.
Partner visas are not capped.

From what I have read, permanent migration can be capped.

The issue in question is that some people want more of the percentage of visas granted to be given to Family visas (Partner Visas etc) and less to Skilled migration applicants.

That is 'allocation of available grants', rather than capping in the normal sense. Hence no specific breach of the act, or at least none that anyone seems able to do anything about legally.

2019-20 was:
Skill stream (108,682 places in 2019-20, 69.5 per cent of the program).
Family stream (47,732 places in 2019-20, 30.5 per cent of the program).
These percentages have been similar for some years now.

For more family visas to be issued, they would need to reduce the numbers of skilled visas granted.

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  #4407 (permalink)  
Old 08-28-2020, 10:47 AM
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Quote:
Originally Posted by JandE View Post
Partner visas are not capped.

From what I have read, permanent migration can be capped.

The issue in question is that some people want more of the percentage of visas granted to be given to Family visas (Partner Visas etc) and less to Skilled migration applicants.

That is 'allocation of available grants', rather than capping in the normal sense. Hence no specific breach of the act, or at least none that anyone seems able to do anything about legally.

2019-20 was:
Skill stream (108,682 places in 2019-20, 69.5 per cent of the program).
Family stream (47,732 places in 2019-20, 30.5 per cent of the program).
These percentages have been similar for some years now.

For more family visas to be issued, they would need to reduce the numbers of skilled visas granted.

From the link I posted above;

(1) reaffirms that:

(b) while the Minister generally has the power to limit the number of visas in particular classes and subclasses by using the program management provisions in s86 of the Act, s87 of the Act explicitly prevents the ‘capping’ of visas to people who apply for a visa on the grounds that they are the spouse or de facto partner of an Australian citizen or permanent resident;

(2) condemns the Government for:

(a) using the administrative tool of migration program planning levels to unlawfully override the legislated program management tools in s86 and s87 thus effectively ‘capping’ partner visas against the intent of s87 of the Act;


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  #4408 (permalink)  
Old 08-28-2020, 11:37 AM
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Quote:
Originally Posted by mohyou4 View Post

It's OK to defend the DHA if you like but no need to suck up for them that much mate. You have a grossly disgustingly negative vibe. Your body itches you a lot every time someone write about petition or class action against DHA. Are you peter Dutton?😂
Ahahaha I was going to say are you sure you are not Dutton, trolling as a 'concerned citizen'?


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  #4409 (permalink)  
Old 08-28-2020, 11:47 AM
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Mate, seriously this guy's [email protected] are absurd and he thinks he knows it all. In many comments, i saw his replies to people saying, DHA will process 309 applicantions when the pandemic is over, are you bloody kidding me? is that your stupid negative opinion for real? How do you even know that the pandemic will be over? What if the pandemic is over after 10 years, will they keep holding the applications for 10 years? It doesn't make sense. If you don't know, say i don't know rather than harming other with your baseless replies.
@jandE you're a disgrace.


Quote:
Originally Posted by Ravencourt View Post
Quote:
Originally Posted by mohyou4 View Post

It's OK to defend the DHA if you like but no need to suck up for them that much mate. You have a grossly disgustingly negative vibe. Your body itches you a lot every time someone write about petition or class action against DHA. Are you peter Dutton?😂
Ahahaha I was going to say are you sure you are not Dutton, trolling as a 'concerned citizen'?

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  #4410 (permalink)  
Old 08-28-2020, 12:55 PM
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Quote:
Originally Posted by mohyou4 View Post
If the department is putting a ceiling to the number of family visas <...> then its a cap.

If it looks like a cap, it feels like a cap then its a cap. I don't know which logic you're using.
The correct logic, that immigration will use whether we like it or not.

I prefer to get facts correct when fighting an argument.

I believe that a correct petition would have more of a chance than one with errors.

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