responce from diac regarding capping and ceasing

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Permalink Reply by Jaspreet Singh Bajwa on March 23, 2010 at 16:54

Hey handagalage aruna rangalal handa,
That is very important output from DIAC. How would one come to know that their application has the case officers or not. One thing is sure that these are the standard outputs which are fed in to the database of DIAC and every Pre September applicant is getting these replies. Well I am not professional in this. Susan may respond to this very tricky response. GOD BLESS U..

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Permalink Reply by Jaspreet Singh Bajwa on March 24, 2010 at 13:27

Hey all,
Yes, this is true that these are the standard replied from DIAC, as today I saw few of same replies on the POMS website.So , please be careful about these replied before coming to conclusion. DIAC is doing everything in confusing people about CEASING AND CAPPING as their own staff do not know what to do?

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Permalink Reply by handagalage aruna rangalal handa on March 25, 2010 at 4:41

Yes dear. they are expert for copy and paste

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Permalink Reply by handagalage aruna rangalal handa on March 25, 2010 at 4:45

Dear madam

this is reply from my case officers support officer for the same question.

Dear Client / Authorised Recipient.

The Minister for Immigration and Citizenship, Senator Chris Evans, has set
new priority processing arrangements for certain Skilled Migration visas.
These arrangements are designed to better address the needs of industry by
targeting skills in critical need across a number of sectors. The new
priority processing Direction commenced on 8 February 2010.

The Direction applies to applications in the pipeline that have not been
finalised and to applications lodged with the Department of Immigration and
Citizenship on or after 8 February 2010.

The priority processing arrangements apply to the following visas from 8
February 2010:
* Employer Nomination Scheme (ENS);
* Regional Sponsored Migration Scheme (RSMS); and
* General Skilled Migration (GSM) visas except for:
- Skilled - Recognised Graduate Subclass 476;
- Skilled - Graduate Subclass 485;
- Skilled - Designated Area - Sponsored (Residence) Subclass 883
and
- Skilled - Regional Subclass 887.

Under the new Ministerial Direction the following processing
priorities (with the highest priority listed first) apply:
1. applicants who are employer sponsored under the ENS or the RSMS;
2. applicants who are nominated by a State/Territory government agency
under a state Migration Plan agreed to by the Minister;
3. applicants who are nominated by a State/Territory government agency
and have a nominated occupation on the Critical Skills List (CSL);
4. other applicants who have nominated an occupation on the CSL;
5. applicants who are nominated by a State/Territory government agency,
other than applicants mentioned in (2) or (3);
6. (i) applicant’s whose nominated skilled occupation is on the
Migration Occupation in Demand List (MODL); and
(ii) applicants who are sponsored by a person and have not nominated an
occupation on the CSL;
7. all other applications are to be processed in the order in which they
are received.

The CSL is a list of occupations developed in response to the changing
critical skills needs of Australia. Only those occupations which are
currently on the CSL are eligible to receive 3rd or 4th priority
processing. The complete list of occupations on the CSL is available on
the Department's website at:
http://www.immi.gov.au/skilled/general-skilled-migration/pdf/critic...

As your nominated occupation is not on the CSL and you are not sponsored
by an employer or nominated by a State/Territory government in
accordance with an occupation on the State Migration plan, your visa
application will not be finalised until those visa applications which
meet the higher processing priorities are finalised.

This priority processing Direction supersedes all previous Directions
and applies to all unfinalised GSM applications with the exception of
the subclass 476, 485, 883 and 887 visas identified above. This
Direction applies irrespective of whether the application is newly
lodged, has been assessed and is in the final stages of processing, or
is nominated by a State/Territory government or family sponsor.

Applicants who have applied for an offshore GSM visa and do not have a
nominated occupation on the CSL and are not nominated by a
State/Territory government in accordance with an occupation on the State
Migration plan, are unlikely to have their visa finalised before the end
of three years.

Regards

**********
Support Officer
Region 2
********@immi.gov.au
Adelaide Skilled Processing Centre
Dept. of Immigration and Citizenship

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Permalink Reply by Susan Wareham McGrath on April 2, 2010 at 0:51

Hi handagalage aruna rangalal handa,

The Support Officer's response is just a cut and paste from one of DIAC's information sheets and the response from your Case Officer is a standard letter. There are no conclusions to be drawn from either of them at this stage.

DIAC has not yet reached its cap limit. Until that number is reached it will continue to process pre 1 September 2007 subclass 475 applications.

Unfortunately, it is not possible to advise you on whether your application is likely to be ceased, because it depends on the limit DIAC sets and when it reaches that limit.

I am personally sickened by DIAC's comment that:

"The Australian Government has therefore decided to end the ongoing uncertainty for offshore GSM visa applicants who applied prior to 1 September 2007, by capping and ceasing these visa classes".

That take on the matter is spin-doctoring at its worst - and so transparent that I cringe every time I read it. It's not even sophisticated spin-doctoring.

Ending visa applicants' uncertainty is most definitely NOT why capping and ceasing is to be introduced. If DIAC were serious about ending ongoing uncertainty, it would simply release more funds to obtain the resources to process those applications in the order they were received.

Capping and ceasing is not ending ongoing uncertainty at all; it's adding to it - and putting even more pressure on people who have put their lives on hold for years waiting for an answer - opportunities to migrate elsewhere can be lost in that time, children grow up, careers and plans to start familes are put on hold, hopes, dreams and aspirations die - and the years and opportunities that are lost can never be regained.

Reimbursing visa application fees does not make up for those things, or for the cost of medicals, translations, police certificates, skills assessments and agents' fees that applicants also pay.

It is nothing short of a disgrace and a national embarrassment that DIAC is treating people this way. And its worse that it's spin-doctoring its motivation.

It makes a very bad joke of DIAC's motto "People Our Business". It would be more accurate if it took a leaf out of Tourism Australia's book and changed its motto to "DIAC - there's nothing like it".

Unfortunately, there is nothing I, nor any other concerned person can do about this latest policy change of DIAC's - it's a political decision and no amount of petitions, media interest, humanitarian arguments or submissions can change the fact that, like other government agencies, DIAC is nothing more a political puppet which has its strings pulled solely by its political masters for politically expedient reasons alone.

Best Regards
Susan

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Permalink Reply by Jaspreet Singh Bajwa on April 2, 2010 at 3:59

Thanks Susan for speaking so openly.I was saying the same thing for last many months since they started speaking about CAP and CEASE.But where is implementation? It has been almost 3 months since they speak about CAP and CEASE.Now I stopped thinking about this policy...

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Permalink Reply by Susan Wareham McGrath on April 2, 2010 at 7:42

Hi Jaspreet

Thank you.

There are truths that need to be said and in my opinion one of those truths is that DIAC should be ashamed that it's hiding behind its spin doctors to try and cover up its real motivation for introducing the capping and ceasing policy.

Unfortunately, neither I nor any other migration agent or lawyer can answer your question about the implementation.

I wish I could give you a more definitive answer, but under the circumstances it's just not possible.

Best regards
Susan

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Permalink Reply by Rahul Patel on April 2, 2010 at 13:35

Dear Susan

Could the relative sponsored preseptember 2007 applicants 496 be able to take DIAC to court regarding this Capping and ceasing thing. Would like u r comments.

Regards
Rahul

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Permalink Reply by Farzana Khan on April 2, 2010 at 7:45

I think we all who have applied for OZ immigration,love OZ and want to be part of it and our love will continue.
But it is also a fact that DIAC is doing the worst it can to most of the applicants. It is literally butchering the applicant without any concern or mercy. At present DIAC immigration procedure is almost the worst in the world ( UK,Canada,etc )

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Permalink Reply by handagalage aruna rangalal handa on April 3, 2010 at 2:53

dear susan

are you sure diac now processing pre september 475 application? if they continue to process 475 application untill cap reach our applications (other application) difinetily cease. add your comments.

thanks

rangalal handagala

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Permalink Reply by Susan Wareham McGrath on April 12, 2010 at 6:12

Hi rangalal handagala

DIAC's general policy is to process applications within each visa subclass in the order in which they were received.

With regard to the 475s, DIAC is firstly processing those which had meds and PCCs requested by a CO and were therefore close to finalisation; then will assess the remainder in the order they were received.

At this stage, the September 07 cap figure has not been reached. DIAC will introduce ceasing when that figure is reached, but in true DIAC style, it's being very mysterious about what that figure actually is.

Why DIAC is being so secretive about the cap figure, I have no idea. So much for transparency of process.

Best wishes
Susan

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Permalink Reply by muninder kumar on November 18, 2010 at 18:09

hi susan
i have fill cap &cease form in july first week when i will recieve repayment

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