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Immigration Daily News Student Visa Level 2-4 Electronic Lodgement: Bad news for RMAsAustralian Immigration Daily News
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Student Visa Level 2-4 Electronic Lodgement: Bad news for RMAs
Migration Alliance RMA members will be disappointed to learn about the AL2-4 Student Visa lodgements. The following email was received by a MA member last week and sent into the DIBP:
I am sure you are familiar with the Level 2 -4 electronic lodgement of Student visa “trial” for students from China, India, Thailand and Indonesia. After more than 10 years(?), DIBP is still trialling?
My questions are:
1. What’s so special and sacred about this trial that it is still trialling after so many years?
2. Why is this electronic lodgement facility still a barb-wired fortress for a privileged group (all the onshore and offshore Student agents, plus a handful of migration agents who were admitted to the trial more than a decade ago) after all these years when all other parts of DIBP’s visa service are going electronic and are open to all migration agents?
3. At the moment, migration agents who are not in that fortress have to beg DIBP for admission to the fortress and they are invariably refused. The result is that migration agents (except the privileged few in the fortress) handling Student visa applications from these 4 countries have to continue to submit paper applications to Adelaide when all other visa applications are moving towards electronic lodgements.
I raise these questions because I would like to use the electronic lodgement facility and I cannot see the logic to specifically exclude this facility from ImmiAccount and keep it for use by a privileged group only. DIBP has an ambitious plan to phase out paper applications and yet at the same time is shielding this electronic lodgement facility form the majority of migration agents.
If you are as curious as I am, and when you have a chance to talk to the Assistant Minister for DIBP, or any top guns in DIBP, could you kindly ask them when this “trial” facility may be liberated and become part of the ImmiAccount for all visa applicants and registered migration agents to use?
The following is the response from the DIBP:
Below is the response I received from the Student Visa Policy Section:
The trial status of the Facility was formally resolved in 2012 following recommendation 2 of the ANAO’s audit into the Management of Student Visas (No.46, 2010–11). This report is available at: http://www.anao.gov.au/~/media/Uploads/Audit%20Reports/2010%2011/201011%20Audit%20Report%2046.PDF
The Department of Immigration and Border Protection has currently ceased granting access to new onshore Registered Migration Agents (RMAs) due to integrity concerns associated with applications submitted through the Facility. In response to the ANAO’s audit report, the department has committed to a regular program of audits and evaluation of registered agents using the Facility. These audits have routinely highlighted a high level of non-compliance among RMAs with the deed of agreement for access to the Facility, resulting in the termination of access for a significant number of these agents.
The risk to the integrity of the student visa programme has negated the processing efficiency benefits gained through using the Facility. For this reason, the last expression of interest for new RMAs to register to access the Facility was finalised in July 2011.
The department is working to implement changes to support the expansion of online lodgement for student visas, with the key objective being the introduction of global online lodgement for all student visa applicants. Once this model is implemented, it is intended that agents would also be permitted to electronically lodge on behalf of student visa applicants. However, the department does not consider the Facility, which is contingent on the restriction of access to offshore education agents and onshore RMAs only, to be suitable for wider expansion at this time.
Immigration blog
I received the following response from the Office of Ombudsman
From: Ombudsman [mailto:Ombudsman@ombudsman.gov.au]
Sent: Tuesday, 17 June 2014 3:31 PM
To: advice@aussieimmi.com
Subject: Ombudsman's response. [SEC=UNCLASSIFIED]
Our ref: 2014-505150
Dear Mr Kohli
Thank you for your email of 10 June 2014 about the Department of Immigration and Border Protection (DIBP).
I have considered the information in your letter. You have said that there is a disparity in process for lodging certain visas through the eVisa process. It is your position that the current practice of DIBP favours those lodging from overseas over local agents.
It is useful if I begin by explaining our role as it relates to your complaint. The Commonwealth Ombudsman’s office investigates complaints about the administrative actions of Australian Government agencies (that is ‘Federal’ or ‘Commonwealth’ Government agencies). We examine the process of administrative decision making to determine if an agency is following its policies and procedures correctly. Our office conducts independent and impartial investigations and does not act as an advocate for either the person making the complaint or the agency involved.
I refer to our discussion of 13 June 2014 on the matter. As it appears that DIBP are complying with the relevant policy, it does not appear that an investigation by this office is likely to produce a remedy in relation to your concerns. I have therefore decided to not investigate your complaint.
If you have any concerns about DIBP policy, it is open to you to raise your concerns with DIBP. You may also wish to consider contacting the Minister for Immigration and Border Protection or the Shadow Minister for Immigration and Border Protection.
If you believe that you have another reason why we should investigate your complaint, please let me know so that I may consider it.
If you want to discuss this decision, please contact me on 1300 362 072
You can view a copy of our Service Charter and our brochure Making a complaint to the Ombudsman, which explains the Commonwealth Ombudsman's role in more detail at www.ombudsman.gov.au.
Regards
Adam K
Public Contact Officer
Public Contact Team | Operations South
Commonwealth Ombudsman
Phone 1300 362 072 | Fax 02 6276 0123
Email: ombudsman@ombudsman.gov.au
Website: www.ombudsman.gov.au
PO Box 442, CANBERRA CITY ACT 2601
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This is evident that we need to take this matter further up to sue the Immigration Minister or challenge the discriminating policies.
I do not believe incorrect and discriminating policy can be drafted by any Commonwealth Law maker that violates rights of equal opportunity to at least Australian citizens.
It is injustice to Australian Citizens that discriminating and appeasing policies can be drafted and office of Ombudsman and other DIBP offices continues to practice under umbrella of incorrect law that violates our rights.
This practice further denies our access to Commonwealth Law to protect our interest as Australian Citizen; while the Commonwealth Law makers drafts incorrect and appeasing policies just to care for non-Australians who are not even come under Australian Legal jurisdiction.
please let me know what way I can contribute and participate to take this battle further for the restoration of rights.