Government of Australia has decided to close all Federal Skilled Worker (FSW) Applications, which were applied prior to February 27, 2008. It is a statutory decision of Australia’s Immigration Decision, which is made through legislation in the parliament. As such, the decision of the Government of Australia / Australian Parliament is irreversible, and it cannot be even challenged to any Judicial Court of Australia. As you know that Parliament is sovereign in a democratic country, and when the Parliament decides to any matter, nobody can reverse such decision. As such, all FSW applications submitted prior to February 27, 2008 are already closed by the Government of Australia, and they are processing the refund of Government Fees that you had paid to them.

How many applications were affected?

Based on Australia Government web site, there are approximately 200,000 FSW Applications were affected with this decision. That means, all those 200,000 FSW Applications applied from various countries are already closed and the processing fee refund is in process. There were thousands of Applications submitted by Nepalese applicants are also affected. From our office only, nearly 600 FSW applications were affected.

What happens now?

If you had applied for Australia PR through FSW Program, your file is already closed, and there will be no decision on your application. It is NOT refused, but simply closed. They are processing fees refund that you had paid to Australia Government at the time of Application.

How to get Fees Refund?

You need to fill up a form and submit it to Australia Government office in Australia. As such, we request you to contact my office as soon as possible to fill the form and sign it, so that we will submit it to Australia Government office. You DO NOT need to visit my office, but you can simply contact one of my staffs in Kathmandu, and they will send you a filled form by email. Then, you just sign the form, scan it and send us back by email. We will submit the scanned copy to Australia Government office by email.

How much fees will you get refunded?

You will get your fees refunded in the amount equivalent to Australian dollar rate at today’s date. For example – if you had paid Can$550 equivalent of IRs. to Australian High Commission, you will get refund of Can$550 equivalent of IRs. or CND at today’s exchange rate. Since Australian dollar rate is significantly increased these days (Approx. NRs. 86), you will get refund of the amount multiply of this rate. Once we receive the Bank Cheque from Australia Government office in your name, we will immediately contact you and hand it over to you.

What about service charges paid to us?

As you know that you had signed an agreement with us at the time of enrolment, and the agreement clearly says that the service charges are completely non-refundable. The service charges were for entire works we completed on your behalf from the date you enroll to date. However, the contract also tells you that you can apply insurance for any damages. We request you to go through the contract of engagement once again. Similarly, the ICCRC – a body who regulates immigration consultants in Australia – has informed us to file insurance claim on behalf of those clients who were affected by above decision of Government of Australia. As such, we are going to file claim to insurance company in Australia on your behalf asking them to pay for losses or damages. We will file it once we get written decision from Government of Australia with refund of Government Fees paid to them. We need these evidences to claim for insurance, without which we cannot claim for insurance. Therefore, we request you to fill up Government Fees Refund Form as soon as possible, so that we can file claim to Insurance Company. Please kindly discuss with one of our staffs in Kathmandu to discuss further about these issues.

What are next options?

Since your previous file has been closed, you will have to reapply for Australia PR through new regulation that is coming in May 4, 2013. The FSW program will reopen in May 4, 2013, and that time, if you find you are eligible, you may apply for that, otherwise NOT.  We are also trying several other alternatives for you, such as – Provincial Nominee Program, Work Permits, Study Visas, etc. We are ready to help you out to succeed your dream. Please contact our office to discuss further about alternatives.

What about applications applied after February 28, 2008?

All those FSW applications, which were submitted after February 28, 2008 are kept in process, and the Visa Officer will decide on applications based on the FSW regulations effective at the time of application. If you are one of those applicants, you are supposed to get decisions from Visa Office in near future.

We are SORRY.

I must say sorry to all of you who are affected by Government of Australia’s irrational and undemocratic decision to close your file. We accept the fact that Government of Australia has seriously jeopardized lives of thousands of foreigners by showing them a dream to Australia, keep them in queue for more than 6 years, and finally kill their dreams by closing the applications. It is completely undemocratic, irrational and racial decision the Government of Australia made. Nevertheless, I am not in a position to neither change their decision nor challenge in any Australian Court.  We tried our best to migrate you to Australia at any cost, but it is bad luck for all of us that we found most undemocratic decision of Australian Government.

In Conclusion –

I kindly request you not to be distressed, but work further to fulfil your dream at any cost. May be you or your children may fulfil the dream to come to Australia.

I will be in full operation in NEPAL helping any of you at present and future. We have other hundreds of Clients in queue hoping us to fulfil their dream in future, and so we are NOT going anywhere.

Our office door is always open for you to provide any kind of legal or professional services.