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Valid or invalid decision based on Schedule 3?
Has anyone experienced getting decision without merit? If so - is the decision valid or invalid ?
Experience shows that DIBP Managers always support their Case Officers - even though they make mistakes, are negligent or just incompetent.
I experienced 457 visa refusals on the grounds of "not satysfying schedule 3". The officer has not adressed her concerns, reasons behind the decision, and not reffered to any particular part of schedule 3 that has not been satysfied.
The client was lucky as we had RSMS pending in the background that was aprroved 3 days after 457 visa refusal. I have however insisted on clearing up the situation as it was myself who was supposed to explain to the client why the visa was refused. It took me few months to get following e-mail :
Sensitive
Dear Mr Ferenc
Thank you for your feedback received by the Department on 31 July 2013 and referred to me for response.
You have requested a further explanation of the reasons for the Subclass 457 visa decision made regarding your client, Mr Pxx S. Unfortunately, as previously advised, it is not appropriate for the Department to provide you with a further explanation of the decision.
I acknowledge and understand the concerns you have raised regarding the quality of the decision record. The concerns you have raised have been addressed as a training issue.
In response to your concerns, and to ensure that all issues have been investigated, this office has conducted further enquiries regarding the decision and I can confirm that it is affected by jurisdictional error. The flaws regarding this decision are also being addressed as a training issue.
I note that your client was granted a Regional Sponsored Migration Scheme (RN 187) visa on 6 May 2013. As Mr Prince Stephen is the current holder of a permanent visa, the Department does not propose revisiting the Subclass 457 visa refusal. If a Subclass 457 visa was granted to Mr Prince Stephen at this time Mr PXX’s Regional Sponsored Migration Scheme visa would cease.
I apologise for the frustration and inconvenience you have experienced. I apologise that your expectations regarding the initial response to your concerns were not met.
My contact number is (07) 3136 7495 and I encourage you to continue to utilise this contact information should you have any concerns in the future.
Yours sincerely,
Katie Williams
Assistant Manager, Brisbane 457
Department of Immigration and Citizenship
Telephone: (07) 3136 7495
Comments
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Wednesday, 30 April 2014This is one of those classic cases where due diligence is taken to a totally different level. I agree that departmental officers can pursue any line of enquiry they think will provide them with the truth of the matter, however, 11 months, request for assignments as evidence of genuine studies? I have not ever heard of anything like this, unless of course there is reasons to believe that the documents are fraudulent. (good old PIC 4020) and their veracity being checked...
However and with all due respect to you, Pavy, regardless of what the RMA's strategy actually, I would not want to second guess it because we are simply not clear about what the case is about, other than the inordinate length of time and the strange but seemingly reasonabl request for further information, the lack of duty of care and the lack of procedural fairness - you're not being told why all of this additional information is being requested - we are all taking a shot a guessing why this may be and are none the wiser.
Where does your sponsor stand in all of this? how are the sponsor's interest being served by this situation? we're not talking about an ENS permanent residency, this is a 457 temporary process which seems to have been given the clear to the employer's sponsorship and nomination. Can he/she not make a complaint also? of course they can...
Pavy, whilst I understand that you are anxious about this situation and the length of time it's taking, this conversation should be best had with your advisor, not with a group of professionals who can at best make a somewhat limited guess since there seem to be many variables as to why you would be subjected to this long and drawn-out process by the Department.
I would seriously consider approaching the Global Feedback Unit and lodge a grievance about the process and types of information requests you're being subjected to and so should your sponsor.
Raising concerns about this process through the Global Feedback Unit should not impact on an existing visa applicatio process.
I totaly understand your angst about how this is taking you so close to the end of the nomination timframe; the more reason to request clarification through a Global Feedback Unit grievance so that at least there is a third engagement in this process. That's what the GFU is for.
Best of Luck with everything. -
Thursday, 01 May 2014
Sorry, you did answer that all your documents are all OK. So, if I were you, instruct your Agent to send them to Immi and get it over and done with.
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Thursday, 01 May 2014
Dear Chris
My RMA is going to send my assignments today .
Hope for the best .
Regards
Pavy -
Thursday, 01 May 2014
This an email I received from case officer .
Please see below
Thank you for your email.
I note that the letter from xxxxx states that assessment was based on written work, observations of practical tasks and confirmation from third parties.
I require further clarification regarding the third parties. If your client has been awarded any transfer of credit or recognition of prior learning (RPL), you must also provide evidence of the basis for this credit or RPL, including detailed advice from the client’s Australian education provider. If the credit transfer/RPL is on the basis of offshore study, please provide transcripts which clearly show the subjects which you have gained credit for in your Australian course. If the credit transfer/RPL is on the basis of work experience, please provide details of this experience, including dates and supporting evidence. -
Thursday, 01 May 2014Pavy perhaps let your case officer know that the world is watching what they are doing and what they are writing and that you are getting advice from no less than 3 migration agents. Ask the case officer to provide you with the piece of legislation they are referring to in relation to their request.
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Thursday, 01 May 2014
My case officer request for legislation or any written statement , shows that ge can request this kind of information . But case officer. Didn't reply ( emails sent him 3 times ) it means case officer is incorrect ? Even case officer team leader can not answer questions .
That why my MIGRATION AGENT said they are incorrect and request is invalid .
I sent assignments today morning . I knew it maybe my MIGRATION AGENT is correct because case officer can't provide him any legal basis of him request .
I have to send assignments because I am waiting fir visa from last 11 months and my nomination is going to expire on 30 June 2014 . MIGRATION AGENT send assignments to case officer but he was not happy with me , because he said case officer doesn't have power to check Australian qualifications system , it means Australia qualifications system is not correct . -
Thursday, 01 May 2014
I received this request from case officer after I sent him my completion letter of my diploma , transcripts , enrollment summary ....Please see below
Thank you for your email.
I note that the letter from Australian National Institute states that assessment was based on written work, observations of practical tasks and confirmation from third parties.
I require further clarification regarding the third parties. If your client has been awarded any transfer of credit or recognition of prior learning (RPL), you must also provide evidence of the basis for this credit or RPL, including detailed advice from the client’s Australian education provider. If the credit transfer/RPL is on the basis of offshore study, please provide transcripts which clearly show the subjects which you have gained credit for in your Australian course. If the credit transfer/RPL is on the basis of work experience, please provide details of this experience, including dates and supporting evidence. -
Thursday, 01 May 2014
I still say that this case, on the face of it, needs a GFU grievance lodged, to ensure that someone else within the 457 processing team is alerted to what's going on. Such grievance is well justified because of the inordinate amount of time it is taking to be processed, because of the ongoing query about your education background (whether relevant or not) and because these two aspects seem to have the nomination timeframe to be eaten up (there are rules about timeframes and the department, it seems, has not observed these...) The timeframe ALONE is rightly subject to a grievance, as is non-disclosure of the reasons as to why this information is required...
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Thursday, 01 May 2014
I got quick reply from case officer within one hour after sent him assignments of RPL diploma
Please see below ...
Dear xxxxxx
Thank you for your email and information provided in relation to the applicant’s skills.
Please be advised that this application is currently undergoing routine processing and the information you have provided will be considered in this assessment.
You will be contacted if further information is required.
I request your patience in the above matter.
Thank you. -
Thursday, 01 May 2014
I couldn't understand last sentence of email send by case officer ????
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Thursday, 01 May 2014
Dear Bea
Thanks for reply and support . I will request my RMA to lodge complaint about case officer and long processing time .
Please advise me what I should mention in email to GFU ? -
Thursday, 01 May 2014
Exactly what you've been saying on the forum because that's your narrative: when the application was lodged, how long it took for first contact, the information requirements, the anxiety that this is creating and how it is impacting on you, the doubts you are having about the process, how close it is to the 12 months timeframe and how can the help you if it does go over it - question the reasons for the detailed review and how are your assignments relevant - basically, what you've frankly shared with us. Have a conversation with you RMA; discuss these issues and how best to approach it with his guidance. Let us know of any progress and best of luck to you, Pavy.
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Friday, 02 May 2014
I received this reply from case officer after I sent him assignments ...Please see below
Thank you for your email and information provided in relation to the applicant’s skills.
Please be advised that this application is currently undergoing routine processing and the information you have provided will be considered in this assessment.
You will be contacted if further information is required.
I request your patience in the above matter. -
Friday, 02 May 2014
Pavy, are you in fact an unregistered agent pretending to be a visa applicant? Sorry for being so bold about this question. When you say 'I received' don't you mean 'my agent received'? If you are a visa applicant looking for advice on how to run your case then that is fine but perhaps seek that advice by contacting a professional RMA mentor who can help you properly. I have had a few people contact me concerned about your matter and concerned that you may not be a visa applicant. Correct me if I am wrong but all the elements of your enquiries on this blog point to you not using a migration agent , or using an unregistered agent who lacks experience to deal with it. If you are serious about getting help, email me privately on help@migrationalliance.com.au and let me know who your migration agent is and I will contact them and help them for free. Of course if you want to continue running your case by the blog and have agents comment on it, no problem. You are welcome to do so. I just want you to know that other agents are starting to get concerned. If I am wrong, my sincere apologies.
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Friday, 02 May 2014
Dear Liana
I am the main applicant and I have registered MIGRATION AGENT . Whenever he got any reply from case officer he forwarded to me . That's why I wrote in previous post that I received an e-mail .
He is experience RMA . But he never faced completed case like mine application . -
Friday, 02 May 2014
In case officer an e-mail shows that he is going to take more time , he should understand my nomination is going to expire , why he is not finilise the application .
My friend has exactly same application ,same nomination position and same paper work like me . He lodged visa application on 27 June 2013 and grant in July .
I don't know why my case officer doing this to mine. Application ? I am so upset . -
Friday, 02 May 2014
Your friend cannot have 'exactly the same' application. Any RMA would be able to tell you this. No two cases are 'exactly the same'. What has your RMA told you to do?
Please ask your RMA to contact me and I will advise them and help them for FREE with your case. If they don't contact me then I know that you are not in fact using a RMA as I don't know of a single RMA who would refuse my help in this situation. I put it to you that you are an unregistered agent looking after two applicants and that one of your applicants has submitted 'interesting' documentation. The word 'friend' could be substituted for the word 'client'. Call me cynical. I have been in this industry a long time and seen pretty much everything including pretenders masquerading as clients, who are in fact unregistered agents representing clients, or visa applicants pretending they are using an RMA when they are self-represented. All in all this one does have a certain odour about it in my opinion. -
Friday, 02 May 2014
Pavy, ok then ask him to contact me on help@migrationalliance.com.au and I will help him for FREE. I am experienced.
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Wednesday, 28 May 2014
Hi, there
I haven't get any updates from case officer . On 30 May 2014 my nomination will be expire .
I don't know how much time case officer will take to finalize the 457 visa application .
My questions are ...
Case officer know it , that my nomination is going to expire ? May he will finalize application before 30 May 2014 ?
Immigration blog
My diploma is 100% genuine and assignments are 100% genuine . I can give answer of any questions related to my study ( diploma ) .
I told my MIGRATION AGENT if we not provided assignments case officer will think we are hiding something . But my case officer said DIBP dosnt have power to assess AQF paperwork from clients .
I going to tell MIGRATION AGENT send assignments tomorrow .
Hope I will get visa very soon .
Regards
Pavy