DIAC defend their Australian visa capping Bill.
The DIAC has finally explained the controversial Austalian visa capping program that caused such consternation with potential migrants to Australia.
The Australian Department of Immigration (DIAC) have been able to cap and terminate visa applications since the Migration Act of 1958. However on the 26 May 2010, DIAC proposed the Migration Amendment Bill which was duly accepted into Parliament.
The Bill means that the Australian Minister for Immigration, Senator Chris Evans, now has the power to cap and cease applications based on particular characteristics, such as migrants who have nominated particular occupations. Before the Bill was passed the Minister could only cap and cease entire classes of visas.
The DIAC say this is vital to ensure that the Australian economy benefits from skilled migrants who can fulfil the needs of the workforce rather than general skilled migrants who may find work other than what was nominated on their visas. Senator Chris Evans cited the case of more than 4000 visa applications for chefs and cooks being granted under the migration program in 2007-08 yet there were still critical shortages in the catering industry. “Clearly the majority of these people were not working as either cooks or chefs.” The Senator stated.
Yet despite the Bill being passed by Parliament it is not in operation at the moment and DIAC say that no future caps are being considered at present. The Bill is part of wider plans that may be implemented in the future. When that will be is anyone’s guess. In the meantime potential migrants to Australia can only keep applying and hoping that they are not caught up in the scandal last February when the DIAC announced that some general skilled visas lodged before September 2007 would not be processed.
It is hard to predict what the future of Australian immigration will be. It is clear that major changes to the immigration program are being implemented just before the election, whether this shake-up will benefit Australian migration and in turn, the economy is hard to say. But at the moment many Australian visa applicants are left bewildered by the changes and unsure of their futures as Australian citizens.
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13 Responses to “DIAC Visa Capping Policy Explained”
Comment by YASH — June 6, 2010 @ 11:49 pm
This not fair at all ….it may lead to protests and all the other bad things because the department is not doing the fair thing with the people who are trying to stay in Australia by fair means….and in the other hand Australian govt is freely accepting refugees who may be terrorists and they do not even l;know to speak English…..surely this country has a better future …..
Comment by antwone — June 7, 2010 @ 9:05 am
WHAT ARE YOU TALKIN ABOUT? THE BILL HAS NOT BEEN APPROVED YET!!!!
Comment by Lisa Valentine — June 7, 2010 @ 9:24 am
The Bill was introduced into Parliament on the 26 May and is expected to be passed on the 15 June. It is widely accepted that the Bill will be passed without any trouble.
Comment by Deno mouria — June 8, 2010 @ 2:31 am
THIS BILL WILL DISTROY THE LIFE OF THOUSANT OF ONSHORE APPLICANTS. SO STOP TO PASS THIS BILL
Comment by vito — June 8, 2010 @ 7:41 am
This will be a black law in australian history and i believe there are many good members in aus parliament who will not support this bill. Its so inhuman and this bill alows to use the applicent such as westing their valuable time , use them as a experimental tools and end of the day through them away. its so unfair. itsa shame for australia to come such bill in the parliament.
Comment by Dineshkumar — June 9, 2010 @ 1:35 am
Hello
I am really stress out with this new rules, Ok what will happen in my case i Finished my studies as cook and qualified as cook now i am working as cook in a catering company and my brother had sponsered me 886 sponsership visa. If they still want to cancel my application this is really unfair and shame on this government. I have actually working in my field. May be the government can stop the application those who not working in their related field. I hope this government will conseder all the skilled applicants and family sponsership applications.
Comment by Raj — June 13, 2010 @ 3:19 pm
I am really depressed with this new rules, what will happen in my case i came here in 2005 applied PR in 2008 and now i am working as cook for 3 years since 2007 . I have given my presious 5 years to this country and waiting for my file to be processed so that i can plan my future and become a chef one day. But Mr Evans should understand that person working in this country for long time should be considered on priorty. If still want to cancel my application this is really unfair and shame because govt is encouraging Employers to sponcer the people from outside and kicking the current working cooks & chefs from here so that their future go in dark. May be government should open the files and ask for their employment history to judge the genuine cases or they can invite the genuine people to submit their employment history papers(group certificates, payslips etc.) to nearest DIAC offfice so that their files can be opened and procesed ASAP by which GOvt can clear their backlog and on the other side people who really came here to buid their future can be saved from drowining . I hope this government will consider this.
Comment by saathia — June 14, 2010 @ 4:00 pm
hi please just think about our future here because our parents spent whole money on us and we have no options for back we spend thousands dollars here and hhhhhhhhhhhhhhhhhhhhhhhhhh
Comment by Jess — June 24, 2010 @ 3:07 pm
The news have caused alot of distress for the family. We’d spent alot of time, effort, money and hope in AU. I am fully eligibile and sponsored by my sister for PR, DIAC later announced the CSL so my application was delayed and even not finalised within 2yrs. We are contributing to the AU economy while awaiting for our legal status, it is unacceptable if the cap is being imposed on us. The application was made based on the regulations/requirements as indicated on DIAC website, How can this be treated as ceased & has not been made? How can this be justified, you mean the information on the website is non-reliable? Applicants were told to wait for 2 yrs, the demand list was still in place at time of application, DIAC should not accept any further application if they think demand has been fulfilled. It is inhumane to have applicant waiting for 2yrs for processing + spending 3yrs prior to application to have their application refunded.
Where is the fair-go & human rights in Australia system? Why talk about humanitarian and taking in refugee when such an unjust Law is being introduced to people who truly worked hard to secure their future in Australia. My spouse has now built his professional career in AU, it is really cruel to ruin his career and the rapport my kid built in school. There will be great impact for my 10 years old daughter, she has adapted to AU lifestyle and education system. How can she be thrown back to our country and cope with a 4-5yrs gap in education system?
This will drive alot of people to the wall, I strongly urge DIAC not to prosecute us. DIAC should only consider this for new application and not use this LAW to clear BACKLOGS.
Comment by Paul Prediction — July 14, 2010 @ 10:48 am
For the future applicants or those willing to apply for Australian Immigration – Beware DIAC is the most suspected and you can never be sure when your application be backlogged, capped & thrown wasting your precious time, your plans ruined.
I’ve recieved the Refund form from DIAC and my application being ceased and capped in the pre september application category subclass BN 136.
All this time I’ve waited planned in vein and now my application is trashed with an instant LAW – of which the victims are a vast number and whom no one cares in Aussie parliament.
DIAC and Aussie Immigrations been the most untrusted and hope this news may go in the world with a huge bad Impact on Aussie Govt. and Immigration Dept.
Comment by XYZ — July 28, 2010 @ 10:48 am
New rules should be considered “NOW” or “NEVER”. Considering the rules to new application is unfair. Stop thinking of just yourself. I have been waiting for long as well.
Comment by varinder — January 8, 2011 @ 2:19 pm
Its like this that you got a Degree after CLEARED a lot of examination & hard study OF 04 YEARS BUT government say we cant give you CERTIFICATE because for the next year we have a lot of application for this game SO you go back to AUSTRALIA &??????????????????
Comment by Dsarm — March 24, 2011 @ 7:29 am
I applied for PR three years ago, my occupation is not in what they call ‘ ‘critical list’. I am fed up of waiting, you cannot really move on with live in Australia when you don’t have PR (I ve been here 7 years, 4 as a student, 3 as on a bridiging visa), opportunities are so much more limited. In fact, some employers do not want to hire people on bridging visas. I have got another qualification now but I am in a dilemma either withdraw my previous application (that has been in the waiting lists for 3 years) and lodged another one (which means more money and who knows how much more time waiting) or just keep waiting with the current one.
Anyway, I think there are other people in my situation, we should unite and pass a petition to the government, to get the business discuss in parliament. We might not vote, but we know Australians who are aware of our situation and agree that is most unfair. We should use those avenues. We are hard working, honest, educated people who have spend some time in Australia and have been unfairly mistreated by bureaucracy that does not see us as humans with dreams and aspirations, but just as numbers.
Anybody interested?