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DIBP requests for further information (RFI) in 457 stream are inconsistent - help!
RMAs and members of a migration industry professional association may be able relate to this email received by Migration Alliance today:
Dear Migration Alliance,
I have been a member of MA for the last few years. I really hope you get this email and can help me. I will focus on one particular aspect where I have been having issues with DIBP on 457 visas. I have clients who hold a Cert IV in Commercial Cookery from Metro College. Whereas in the past the department has accepted these qualifications and granted 457 visas to my clients lately for two of my clients I have received strange RFIs. For the first case I quote the case officer
"The department has conducted checks to confirm the information that you provided in your application. During this process we have received unfavourable information which does not support your application. You have provided a Certificate IV in Commercial Cookery SIT40413 at METRO COLLEGE OF TECHNOLOGY PTY LTD certificate as an evidence that you have the skills and experience that are necessary to perform the nominated occupation. As a holder of a Student visa you are required to be enrolled in an approved registered course only. The Provider Registration and International Student Management System (PRISMS) database indicates that you have not been enrolled in a Certificate IV in Commercial Cookery SIT40413 course at METRO COLLEGE OF TECHNOLOGY PTY LTD ."
My client got his qualifications while he is onshore on a student visa and undertaking "Bachelor of Building and Construction". He did his Cert IV as distance learning as a domestic student. Have you come across similar cases? If I provide the explanation is that sufficient or is there a hidden DIBP agenda here?
For the other client the department has requested for a skills assessment because "Your qualification from Metro College is obtained through RPL (Recognised Prior Learning)". Nowhere on the certificate, transcript or letter of completion from Metro College it is implied that the qualification was achieved through RPL. It was achieved through distance learning. I wonder if this simple explanation and a letter from Metro College will be sufficient to convince the case officer?
Should I also mention that in the past, applicants with similar qualifications have not had any problem getting the 457 visa?
Please help!!
XXXX YYYYY
Registered Migration Agent
Member Migration Institute of Australia 0000
ZZZZZZZ
We have been informed by DIBP that if agents have feedback, complaints or questions that the right place to do this is the Global Feedback Unit online form. Here is a link to that form:
