[hanji]

Hello friends, this bill is yet to pass and its expected to be pass 15june 2010. Acoording to this from 147000 visa applicants who apllied for permanenet migration(PR) or Temprarory residence(T.R), their applications can be refused and most of these are cooks, hairdressers and community welfare former students. You can read about it from the link in last

MIGRATION AMENDMENT (VISA CAPPING) BILL 2010 AUSTRALIA

The Migration Amendment (Visa Capping) Bill 2010
amends the Migration Act 1958 (the Act) to give the
Minister for Immigration and Citizenship greater
power to effectively manage the migration program.
The number of places in the skilled migration program
available to applicants who are not sponsored by
an employer continues to decline, as the government's
priority is to support demand driven—that is, employer
sponsored—migration. At the same time, the number
of pending applications continues to grow as the demand
for general skilled migration visas exceeds the
number of places available in the program.
The general skilled migration visa program has also
become dominated by applicants nominating a limited
number of occupations even though there are some 400
occupations that are acceptable for general skilled migration
purposes. This has made it difficult for the program
to deliver the broad range of skills needed in the
Australian economy and the Australian labour market.
In the 2007-08 program year, of the 41,000 general
skilled migration visas granted, more than 5,000 went
to cooks and hairdressers. Further, there are currently
17,594 valid applications which have been made by
people nominating their occupation as a cook or hairdresser
which have not yet been finalised.
This matter is currently being addressed through
priority processing arrangements. Under these arrangements,
applicants that are sponsored by an employer,
nominated by a state or territory government
authority, or have an occupation which is in critical
demand in Australia have their application processed
before other applications.
However, these arrangements alone do not address
the problem of large numbers of valid applications that
continue to be made by applicants who are not sponsored and who are nominating occupations that are not
in demand. Currently there are 147,000 primary and
secondary applicants for general skilled migration visas
waiting in the pipeline for a visa decision.
Amendment to 'cap and terminate' measures
To address these issues, the bill proposes to introduce
a power by which the minister may cap visas and
terminate visa applications on the basis of certain characteristics.
Currently, the Act gives the minister the power to
make a legislative instrument in a certain class or subclass
to cap visas and terminate applications for that
class or subclass. The proposed amendments will enable
the minister to cap visa grants and terminate visa
applications based on the class or classes of applicant
applying for the visa.
In particular, the proposed amendments will allow
the minister to make a legislative instrument to determine
the maximum number of visas of a specified class
or classes that can be granted in a financial year to visa
applicants with specified characteristics. Similar to the
current power, the amendments will also allow the
minister to treat outstanding applications for the
capped visa as never having been made.
Characteristics that may be specified include the occupation
nominated by the applicant, or the time at
which the applicant made their application. The characteristics
will be objective, and relate to information that
is provided to the department when an application for a
visa is made.
The characteristics that will be specified will depend
on the purpose of the particular determination to cap
and terminate visa applications and will be consistent
with Australia's international obligations. For example,
if the determination is made for the purpose of limiting
the number of applicants in the skilled migration program
with the same nominated occupation, then a cap
would be placed on applications which nominate that
particular occupation.
To terminate a visa application is different to a decision
to refuse a visa application. When an application
is terminated it is taken not to have been made. Applicants
who are affected by a cap will have their visa
application charge refunded to them. Further, a visa
application which has been terminated is not subject to
merits review.
Application to the general skilled migration visa
program
The amendments proposed in this bill not only provide
a power to cap general skilled migration visas and
terminate general skilled migration visa applications
but are broad enough to allow other classes of visas to
be capped. This provides the government with a tool
for the targeted management of all aspects of the migration
program which will be available as the need
arises.
The exception to this will be protection visas. The
minister cannot make a cap and terminate determination
in relation to protection visas.
However, the primary policy imperative of the proposed
amendments is to allow the minister to end the
ongoing uncertainty faced by general skilled migration
applicants whose applications are unlikely to be finalised
because their skills are not in demand in Australia.
The proposed amendments will better address Australia's
skills shortages by limiting the number of general
skilled migration visas able to be granted to applicants
whose occupations are in oversupply, thereby
leaving more spaces in the program available to applicants
whose occupation is in demand.
This will allow the Australian government to deliver
a skilled migration program that is more tightly focused
on high-value skills that will assist in meeting
the medium- to long-term needs of the Australian
economy.
The government's intention is to establish a realistic
balance between providing the skills Australian employers
need and ensuring the maximum opportunities
for Australian citizens and permanent residents in a
changing employment market.
This amendment is just one in a package of reforms
the government is currently making to the skilled migration
program to ensure that it is able to target skilled
migrants with the high-value, nation-building skills
that Australia needs.
Conclusion
This bill represents an important step in achieving
the government's objectives of a flexible skilled migration
program that can be adapted to the economic and
business cycle and the needs of Australian business and
industry.
Debate (on motion by Mr Robert) adjourned.

If you have any questions just ask me on >Removed<

you can read more about it on Australian government parliament website:-
http://parlinfo.aph.gov.au

search for immigration amendent bill 2010

[hanji]

Hi friends this bill is going to be law on 18june and its going to effect in August 2010. Its on immigration website now also.

[ginnygold]

I am a pastry chef and applied my PR in February last year in 2009.I am working in my own field with woolworth's as a qualified baker. I got my state sponsorship of victoria and I applied for my gsm. My case is on prioriity list.I gave my four years with full of determination to this country .I am qualified baker/pastry chef. I do not agree with the new decision ?
What is your comments on my case ?

[hanji]

i am a pastry chef and applied my PR in february last year in 2009.i am working in my own field with woolworth's as a qualified baker. i got my state sponsorship of victoria and i applied for my gsm. My case is on prioriity list.I gave my four years with full of determination to this country .I am qualified baker/pastry chef. i do not agree with the new decision ?
What is ur comments on my case ?

Hi ginny
If you got state sponsorship then you will NOT be effected by visa capping bill because its only for GSM Indipendant visa holders not for sponsored.

[MacMac]

Hey hanji what about family sponsored people

[ginnygold]

hanji we can't say anything at the moment.As it was just a bill .hopefully that ll not pass as I confirmed it personally from immigration department.

[hanji]

Hey hanji what about family sponsored people

Family sposnsored people are 50-50 .they can be or they can't be. So at the moment its nt sure if its going to effect on 886onshore or 176 offshore. This bill is expected to be pstpone now till 11 August 2010

[hanji]

hanji we can"t say anything at the moment.As it was just a bill .hopefully that ll not pass as i confirmed it personally from immigration department.

Hi ginny
This bill is already passed in lower house without any objection and this will come in to effect that is 100% SURE but there can be some changes .this bill is going for third hearing on 15 June and the law committee going to ask for extenstion till 11 AUGUST 2010. So this bill be postpone till 11 August.