Australian Immigration Daily News

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