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All skilled visas are meant to have the criterion that " grant of the visa would not cause the number of visas of that class granted in a particular financial year to exceed whatever number is fixed by the Minister, by legislative instrument, as the maximum number of such visas that may be granted in that year", which then brings them under the Section 39 power for the Minister to "Cap and Kill".
The 496 Designated area sponsored visa, used to be a permanent visa - subclass 139. For some reason, when the Subclass 496 replaced the 139 visa, the capping criterion was not carried forward by the drafter into the 496 regulations. Thus the 496 is the only skills visa that the Minister cannot cap under Section 39. I have read and re-read the legislation and I can't see it anywhere for the 496 visa. |
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发表于 4-3-2010 13:02:04
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