On 25th June 2010, the Minister for Immigration and Citizenship, has determined that for the following visa categories, a ‘cap’ is now in place concerning the number of visas that can be granted for each class;

These are:

• Skill Matching (Migrant) (Class BR) visas: 245;
• Skilled - Independant (Migrant) (Class BN) visas: 2506; and
• Skilled - Australian - sponsored (Migrant) (Class BQ) visas; 546

Under subsection 39(2) of the Migration Act 1958, any GSM visa applications pending for the above classes which exceed the cap will be considered not to have been made.  The exercise of this power will void a previously valid application making it very difficult to challenge in judicial review proceedings. 

Where an application is ceased, the Visa Application Charge (VAC) paid by applicants will be refunded. It is important to note, however, that applicants will not be refunded out of pocket expenses incurred in relation to their Australian immigration application, such as fees paid to an immigration lawyer or migration agent, costs of skills assessments, English testing, medicals or police checks. 

Applicants who have had their visa application ceased and still want to apply for an Australia visa, will be required to meet the current visa criteria. The new, narrower Skilled Occupation List (SOL), and higher English language requirements will mean that many applicants who were able to meet the visa criteria pre 1 September 2007 will be ineligible to apply when their application is ceased. 

It is important to note that applications made prior to 1 September 2007 for the Skilled – Designated Area Sponsored (Provisional) Visa (Subclass 496) are not affected by the recent legislative instrument or currently subject to any cap and cease provisions.