Login / Join
Immigration Daily News Commonwealth Ombudsman response to complaint: 'Denial of Service' to RMAs for e-lodgement of student visasAustralian Immigration Daily News
Breaking Australian immigration news brought to you by Migration Alliance and associated bloggers.
- Font size: Larger Smaller
- Hits: 3875
- 8 Comments
Commonwealth Ombudsman response to complaint: 'Denial of Service' to RMAs for e-lodgement of student visas
The following email was received on 29 August 2014:
Our reference: 2014-505119
Dear Ms Allan,
Thank you for your emails concerning the ‘denial of service to Australian Citizens’ by the Department of Immigration and Border Protection (the department), specifically access to the e-visa student lodgement system.
Finalisation of your complaint with the Commonwealth Ombudsman
I am writing to advise that I have finalised the investigation of your complaint.
Your Complaint
In your complaint to our office you advised that the department denies Australian Citizens access to its e-lodgement systems while allowing non-Australians access to the same systems. You stated that this is a restraint of trade and denial of our country’s citizens to a service whilst prioritising others.
Our role
It may be helpful if I first explain that the role of the Ombudsman’s office is to:
- assess whether an agency appears to have acted in accordance with the relevant legislative and administrative requirements,
- has given appropriate consideration to all relevant information when making a decision, and
- in all the circumstances, the decision made or action taken was not unreasonable.
Please note that the Ombudsman cannot require or direct that an agency take specific action or make (or remake) a specific decision.
Our investigation
I have considered the information you provided and the responses to questions I asked of the department.
I understand that the department’s current arrangements mean that all onshore Registered Migration Agents (RMAs) registered after July 2011 do not have access to the AL2-3 eLodgement facility which would allow them access to lodge an AL2-3 student visa online for offshore clients from China, India, Indonesia or Thailand.
I note that the department provided in its response to you of 1 May 2014 detailed information regarding its reasons for ceasing onshore access to this facility as it considered the risk to the integrity of the student visa programme negated the processing efficiency benefits gained through its use.
The department has acknowledged that there is an increase in the time taken to lodge paper applications for offshore student applicants from India, China, Thailand and Indonesia compared to applications lodged electronically for the same cohort. However, it has reiterated the ongoing work currently underway to implement changes that support the expansion of online lodgement for all student visas. A timeframe for this has not been articulated although I understand that as this is a major reform, the department will be rolling out online lodgement services to clients and third parties (including RMAs and service delivery providers) in line with its internal system priorities.
Outcome
The department’s decision to restrict access to its student visa e-lodgement system was taken in respect of a risk analysis around the integrity of its student visa program and I do not consider this to have been unreasonable. My investigation has highlighted no indication of discrimination against Australian Citizens as your complaint implies. In light of these conclusions, I propose to finalise my investigation.
If you wish to take your complaint further, it is open to you to contact your local Member for Parliament or the Minister for Immigration and Citizenship about the issues you have raised.
If you think I may have overlooked something or there is further information I should consider before finalising my investigation, please contact me on 1300 362 072 or at This email address is being protected from spambots. You need JavaScript enabled to view it. . If I do not hear from you by 12 September 2014, I will finalise your complaint and close your record.
Thank you for bringing your concern to the attention of the Ombudsman’s office.
Yours sincerely
XXXXXXXXX
_____________________________
XXXXXXXXXXXXXXX
Assistant Director
Immigration and Overseas Students Strategy Team
COMMONWEALTH OMBUDSMAN
Ph: 1300 362 072 Fx: 02 6276 0123
GPO Box 442, Canberra ACT 2601
website www.ombudsman.gov.au
Influencing agencies to treat people fairly through our investigations of their administration
Comments
-
Tuesday, 02 September 2014I concur.
It would appear that "integrity" is a euphemism for "secret", "closed" or "we can't let you in because you'll expose our failings".
The logical response from an independent body (from the ombudsman) would be to "validate" the "danger" to the system's "integrity" posed by allowing access to registered, knowledgeable and ethical professionals (rather than simply repeat what appears a cliche).
Who do they pose a "risk" to? -
Wednesday, 03 September 2014
The letter states:" I understand that the department’s current arrangements mean that all onshore Registered Migration Agents (RMAs) registered after July 2011 do not have access to the AL2-3 eLodgement facility which would allow them access to lodge an AL2-3 student visa online for offshore clients from China, India, Indonesia or Thailand."
This implies that Registered Migration Agents registered before July 2011 do have access to the AL@-# eLodgement facility. I do not believe that we do. -
Wednesday, 03 September 2014
I am a RMA and have friends who are registered in 2009 and have no access to above mentioned
-
Thursday, 04 September 2014
Great and a very useful blog for me. I really like reading this blog. Keep sharing.
-
Thursday, 04 September 2014
I was registered in 1996 and I do not have access.
-
Thursday, 04 September 2014
I was registered in 1996 and I do not have access.
-
Monday, 29 September 2014
Can we take this matter further by writing to the Minister for Immigration and Citizenship. We do need to access this facilities to reduce our paperwork, our time and protect environment.
Immigration blog
"The department’s decision to restrict access to its student visa e-lodgement system was taken in respect of a risk analysis around the integrity of its student visa program and I do not consider this to have been unreasonable".
Interesting ; Registered Agents are potential risk for integrity of student vis aprogram , not overseas unregisterd "offshore agents " . Congratulations to Ombudsman for safguarding integrity !