No. Under section 85 of the Migration Act 1958 (the Act) the Minister for Immigration and Border Protection (the Minister) may determine the maximum number of visas of a particular class that may be granted in a financial year. This is known as ‘capping’. Once this number is reached, the effect of subsection 39(2) of the Act is that any application for that class of visa that has not been finalised is taken not to have been made. This is known as ‘ceasing’. There are no provisions in the Act to exempt an application from the Minister’s decision to cap and cease a class of visa.