Legal challenge looms over limit on applications of Priority 5 visa

September 29, 2015
Australia’s Migration Institute has launched a legal challenge over the Australia’s Immigration Department decision of limiting the applications of low priority skilled visas from the offshore applicants.

The visas based on points also known as Priority 5, are for skilled to permanently migrate to Australia.  There are 3 subclasses of this visa, which are Skilled Independent (subclass 175), Skilled Sponsored (subclass 176) and Skilled Regional Sponsored (subclass 475). 

The legal challenge is looming over the limit on applications for Priority 5 visa

Both the government of Australia and the DIBP have rated the visas as of priority and also announced that the officials have halted the processing of these applications as programme has now been filled up.

As per the DIBP spokesman, the limit sets the highest number of places that may be granted in the year 2015-16 for these subclasses of the visa.  This total has been reached already. So, the applications made for these visas which were not made final before the 22nd September have been taken,  and the appropriate charge for visa application will be paid to the applicants who got affected.  

Meanwhile, the Australia’s Migration Institute believes that this move is unconstitutional and its going to take the legal action.

People are waiting to know what happened to their applications and can also look at alternate options, which includes considering a visa of employer-sponsored, which will also requires a new application for visa, submit an EOI in SkillSelect. 

People can consider seeking a nomination by the government under plan of state migration, which would, requires a new application for the visa or they can apply for other visas or withdrew their application.

The decision has left many visa applicants to remain in the uncertain period of time waiting for the decision.

This has been the awful process of informing the applicants about the limit system said Mario Le, Migration agent.  

The Government of Australia said that it will refund application cost, but this is not sufficient according to Mario Le.

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