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No PIC4020? Case Officer refuses visa due to 'lack of skills'!

Just  received decision in the case of  person who was acused of providing a false bachelor degree from a University in India on the grounds of "overseas referral ". 

We provided further letters from the University supporting my client's claim but the officer refused the application due to a lack of skills  that had been evidenced and compared to AQF standard with AEI database. 

see below :

From: Piotr Ferenc
Sent: Thursday, 19 December 2013 11:00 AM
To: 'This email address is being protected from spambots. You need JavaScript enabled to view it. '; 'This email address is being protected from spambots. You need JavaScript enabled to view it. '
Cc: 'This email address is being protected from spambots. You need JavaScript enabled to view it. '; 'Migration Alliance'
Subject: RE:  IMMI Refusal Notification

Dear Eric ,

Thank you for your communication.

It looks like you have made  administrative or judicial error not taking in to consideration evidence provided with visa application . The decision is invalid due to breach of Section 54 of Migration Act 1958 saying  "Minister MUST have regard to all information in application" .

In your decision you have stated "

"Whilst it is probable that you were a student at this university, I find that on balance

you have not demonstrated either a Bachelor degree or 5 years relevant experience

as required by the Australian Bureau of Statistics ANZSCO as a Training and

Development Professional 223311.

Therefore I am not satisfied that Regulation 457.223(4)(da) has been met."

We have provided the printout from AEI database  showing clearly that qualifications of our client obtained overseas are equivalent of AQF Bachelor .  Your above statement clearly indicates you have missed this evidence in your assessment .

I claim judicial error ,  urge to set invalid decision aside and continue with further assessment of this application .

Kind regards

Piotr Ferenc  MARN 0743766

The competent  answer was received from Manager :

From: Catherine FLAVELL [This email address is being protected from spambots. You need JavaScript enabled to view it. '; document.write(''); document.write(addy_text89685); document.write('<\/a>'); //-->\n This email address is being protected from spambots. You need JavaScript enabled to view it. ]
Sent: Thursday, 19 December 2013 1:16 PM
To: Piotr Ferenc
Subject: 8 - xxxx, Naccccccci Arccccc Pxxxx - IMMI Refusal Notification [DLM=Sensitive]

Sensitive

Good Afternoon Mr Ferenc

Thank you for your email, I have looked at the application and have spoken to the case officer and I am satisfied that that Mr Host has made a sound decision on the application and there was no error.

All of the information was taken into account at the time of assessment including the educational information and the referral response from our overseas post.

I am satisfied that the correct decision has been made on this application and I refer you to the notification information and any review rights the applicant may have with the MRT.

Kind regards

Catherine Flavell

Ag Assistant Manager  – 457 Team Brisbane

Department of Immigration and Border Protection

Ph: 07 31367495

Fax: 07 31367152

This email address is being protected from spambots. You need JavaScript enabled to view it.

GPO Box 9984

Brisbane QLD 4001

299 Adelaide Street

Brisbane Qld 4001

I am thinking myself - lets talk to competent person  so I called - Assitant Manager that must be serious competent , skilled, proffesional person .

see below :

Dear Catherine Flawell,

Following out toady's conversation at 1 30  PM  I would like to summarise :

1. You admitted that you have not revealed documentation provided by overseas post before answering my e-mail  and

2.  You support decision of case officer moreover,

3. You admitted that you support  decision of case officer as you believe client is not suitably qualified  even thought the evidence from Australian Education International database have been provided. You could not confirm if the evidence I am referring to was taken in to consideration and if so why is not mentioned in decision record.

You are "supporting "  decision and of case officer not knowing details of the case and you  claim that you competently answered my claim of invalid decision  as you "spoke to Eric"  and read natural justice letter .  That is and of the story - go to MRT !

During our conversation you have interrupting me number of times  not allowing to ask specific question in relation to validly of decision referring me to MRT,  that is inappropriate ( moreover arrogant and unprofessional)  as invalid decision is not subject to MRT review but suppose to be set aside.

I remind you similar situation we have had few months back  when your office apologised after 6 months  for  making invalid decision .

In my opinion the situation shows significant disrespect to myself as RMA , to my client and  incompetence or prejudice of the decision maker.

If you claim decisions is valid please explain where in decision record is explanation referring to documentation provided  why the client is not skilled for nominated position .  Case officer clearly stated :

" I find that on balance

you have not demonstrated either a Bachelor degree or 5 years relevant experience

as required by the Australian Bureau of Statistics "

I do have demonstrated my client has bachelor  degree . It is decision maker who presented no arguments or evidences in contrary. The decision is invalid and I do insist to set it aside.

Kind regards

Piotr Ferenc | Registered Migration Agent | MARN 0743766

has anyone experienced the same treatment ? 

Go away to MRT  and  stop botthering us with pontless discussions - we - MANAGERS will back up our officers - we are all big happy DIBP family ...... so why are you calling ? These RMS are a plague ..

 

 

 

 

 

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Comments

  • Guest
    Anonymous Monday, 06 January 2014

    Sorry but your English has some issues. I suggest you do a CPD on communication and writing appeals

  • Guest
    Rymer Friday, 09 March 2018

    You are just a troll....u want to find mistakes in other people...NOT focusing on the content.... S T U P I D useless person.... :)

  • Guest
    Xyb Friday, 04 April 2014

    Lol all departments here do like that only. They will not trust you and will keep saying that they are correct and their co-worker case officers are correct.
    Better you go to higher authorities in this case MRT . Dont expect that these people will work

  • Guest
    pavy Thursday, 26 June 2014

    Hi Sir ,
    I have lodged my 457 visa application with approved nomination on 28/6/13 .
    I am still waiting for visa .
    My nomination was expired on 30/5/14 .
    I lodged new nomination which also got approved this week .
    On 20/6/2014 I got new case officer . This is 3rd case officer for my application .
    I can't understand why DIBP need 3 case officers to look at my application .
    A friend of mine got his 457 visa in 14 July 2013. He also lodged on 28/6/13 .
    We have same position same documents I don't know why my application taking 1 year and still in process ?
    Please advise why it's happening with my application . What I should do ?
    Regards
    Pavy

  • Piotr Ferenc
    Piotr Ferenc Thursday, 26 June 2014

    Have you tried complaining to Global Feedback Unit ? It always helps .

  • Guest
    pavy Thursday, 26 June 2014

    Thanks for reply sir no I haven't lodge complaints . Because I have registered MIGRATION AGENT . I don't think so he will complain to GFU .
    MY QUESTIONS ..
    Can I lodge complain by myself ?
    What is should mention in complaint ?
    Regards
    Pavy

  • Piotr Ferenc
    Piotr Ferenc Friday, 27 June 2014

    Pavy , In my opinion, at the first place you should talk to your advisor . If your cooperation does not go well, seek assiatnce of somene else who is regsitered and who gained your trust. It makes no sense to appoint RMA, paying for prffesional advice and then aproach DIBP directly . This course of action might ruin your advisor's strategy of runing the case for you .

  • Guest
    WaqAs Tuesday, 05 August 2014

    Hi, I applied for 457 visa, my nomination was refuse and case officer auto withdrawn my 457 visa. I was on briding visa A before I applay which I get with partner visa.i withdrawn my partner visa when I apply 457 visa . I apply again and got nomination approved. I m on briding visa c at the moment. I want to apply onshore and my agent advise me to lounge a complaint again the case offer who refuse before .becuase if again same officer handle my case who refuse my nomination , he will refuse my 457 visa . Please advise me what I have to do. I am really worried about it .

  • Piotr Ferenc
    Piotr Ferenc Tuesday, 05 August 2014

    WaqAs, The only advice I can give you, is to discuss the mamter with the RMA you have appointed . If you do not trust your agent any more , change te representative.

  • Guest
    Ulimota Friday, 12 February 2016

    Australian Immigration very slow and totally un professional team.
    they are very busy and nothing to have to do.
    just documentation
    coffee breaks
    spend time to reading files hours an hours
    everyday reading
    send data to foreign countries for confirmation.
    and after verification
    refuse without a reason
    that your country circumstance not good.

    Fk f this

    tottaly stupid and untrain

    Canada immigration is really best compare to Australian immigration

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