Login / Join
Australian Immigration Daily News
Breaking Australian immigration news brought to you by Migration Alliance and associated bloggers.
- Font size: Larger Smaller
- Hits: 38897
- 79 Comments
Refuse, refuse, refuse: 457 nominations and visas refused
DIBP are refusing 457 SBS, nominations and 457s for any reason
The Department of Immigration and Border Protection (DIBP) are doing their utmost best to refuse any component of the 457 application process, but most of all, 457 nominations.
Example of a large supermarket refusal
A large supermarket with more than 20 staff in a regional area is trying to sponsor a marketing specialist. The DIBP have refused the application on the basis that the salary offered is too low, at $55,000. However the market salary rates show $50K-$60K and TSMIT is $53,000. And yet the DIBP are still saying that $55,000 is too low and have refused the application without giving a chance for the sponsor to increase the salary. The sponsor is more than happy to increase the salary to whatever the DIBP want it to be as they need the person badly. See the end of this article for the interesting salary offered to ACS ICT case assessors in Sydney city. Proceed to roll your eyes.
Refusal on 'Genuineness' Criteria
Now let's look at the 'genuineness' criteria. The DIBP have for a while 'deemed' that a position is not necessary for the operation of a business and is hence, not a genuine position. Don't you just love the word 'deem' in the context of a case officer and their decisions?
Take the example case of Mr S. Mr S is a man who has given up a career in his home country and moved to Australia on a 457 visa in around 2009. Mr S qualified for permanent residency (PR) to Australia but the business Mr S was sponsored by was taken over by another company with a different ABN. The PR application could therefore not be lodged. Mr S originally started on his 457 as a project and programme administrator, but now to obtain a new 457 visa for the same job at the second company, he needs to undergo a skills assessment for the position of project and programme administrator (the position he currently holds and has held since 2009). Mr S holds a bachelors degree in nursing from Indonesia.
Refusal due to PAMS conflicting with ANZSCO
On closer inspection, there is a discrepancy between the skills assessment requirement (qualification plus work experience) and ANZSCO requirement. ANZSCO states that only work experience is required, and not necessarily a qualification.
In the case of Mr S, the DIBP case officer inflexibly applied PAMS. Whoever created this rule in PAMs is probably referred to as the 'PAM GOD' within the DIBP, such is the size of the brick wall for applicants and their sponsors. Registered Migration Agents are getting to the point where they just tell clients that applying is like gambling and say, 'do you want to go ahead or not?'
Refusal based on 'Training Receipts'
In relation to the Standard Business Sponsorship (SBS) it is interesting that refusals are coming through saying there is no evidence that the training receipt provided has been used to train Australians, even though the company structure chart shows that all employees are Australian citizens. This was previously not happening.
Refusal because a 'Small Business'
It seems that DIBP are prone to refusing small businesses. The DIBP case officers automatically assume that the small business owner should do the job themselves and do not need the employee or any managerial position. Typical refusals for small businesses are in the occupations of Customer Service Manager, Facilities Manager, Retail Buyer and other Managerial positions. DIBP case officers, with all their business management experience in the real world (cough) assume that the business owners can carry out these functions on their own, and hence refuse the applications.
Think about the feeling of a small business owner if they are forced to do the work themselves instead of expanding the business do do other upper-level development on their business. All because a DIBP case officer says they should be able to. Case officers are now deciding for small business owners who and what they need to run their businesses, stifling business owners and preventing optimum growth.
Refusals since the DIBP's name change to 'Border Force'
Agents are reporting that since the DIBP changed it's name to Border Force, their refusal rates are up as high as 80%. Migration Agents, do not lose heart. There is now a pattern of refusals that cannot be ignored. This blog post serves as a line in the sand and trumpet sound that something is going on in there. The legislation remains the same but the way the DIBP handle and decide assessments is at a completely different level now.
Refusals because of a disjointed assessment process
The process is now disjointed and haphazard within the DIBP.
First, 457 applications now go through initial division will have one case officer look at it and send a request for further information whenever they are not satisfied. The requested documents and extra information are then attached online by the RMA.
The application then moves back to the queue and is then allocated to a different case officer who will then make a decision on the information in front of them. The trend now is that the second case officer makes the decision without asking for any additional information.
The following is a typical example of the disjointed assessment process:
The first case officer asks for extra documents A C and F.
The second case officer refuses the application because B, D and E do not satisfy them.
The fact that the first case officer did not ask for B, D and E along with their request for A, C and F deprives the sponsor / applicant of the opportunity to provide what is actually needed. The second case officer requests nothing and therefore deprives the sponsor / applicant of chance to have their application/s fairly assessed.
I call this 'case officers working in silos'.
DIBP case officers refusing cases like street rangers fine cars
DIBP are now acting like street rangers who must book and fine a target number of cars per day. The more you fine the more rewarded you are.
The greater scrutiny of 457 visa applications is leading to a fall in grants. Red tape has gone mad, with 457 applications even voided because of typos and spelling errors.
DIBP decisions are hypocritical
It is interesting to note that a full time 'Case Assessor - ICT skills assessment' position at the Australian Computer Society in Sydney city (non-regional) is being advertised on SEEK.com at $45,000. If that is not a kick in the teeth then what is? I rest my case.
My crystal ball prediction
If this continues, people desperate to stay will have no other option but to become unlawful because it is all too hard. Either that or other subclasses of visa will be rorted so that they can stay in Australia. No wonder 62,000 foreigners are now living in Australia without any visas.
DIBP....... QIN WO PI GU!
Comments
-
Monday, 01 February 2016457 visas are dead in the water. What is the next category. Already slashed and burned previous general skilled visas.
-
Monday, 01 February 2016
457 and ENS applied for at same time due to time/work issues. SBS refused due to sponsor's training invoice was not accepted (consequently nomination refused) . At the same time ENS nomination approved with the same training documents.
Other case; case officer calls to verify LMT advertisement invoice. (no compulsory LMT, but submitted evidence anyway as they have advertised). The advertisement was free. She asked whether or not they paid for it. I emphasized that it was free. "yes, but have they paid for it? Have they received an invoice for it?". Same afternoon refused with genuine position excuse. Applicant had been in the roll for over 3 months with payroll evidence.
Going to love the MRT processing time frame. Most people will "enjoy" the BVA entitlements for 12-18 months. -
Friday, 04 March 2016
I would love to ask case officers , how do they get visas and PR. they should get recheck again and I am sure most of them will send back to their home counties where they come from.
-
Friday, 04 March 2016
With respect I say public servants should cease to make decisions that are commercial in nature
“Assessing officer are required to make subjective decisions on the basis of the information provided to them with the application. However, there appears to have been a large spike in the number of these refusals lately.” MIA Notice
My Feedback:
With due respect I contend public servants do not have the nuances of critical business operations, least of all the critical decisions on the need for human resource for commercial operations. Only the owner will know what human resource is needed and what it costs to hire one, usually at a higher wages than a local person under the subclass 457 nomination to employer an overseas skilled person. The owner would have identified the skills required and budgeted for it. Public servants do not have the skills or the relevant experience to undertake assessment of this human resource requirement. Public servants, charged with the duties of making statutory decisions should confine their tasks to weed out the scams AFTER the nominee has been employed and only on those sponsors which livens suspicion. Monitoring through payslips and time sheets seeking periodical returns are some of the tools for post-employment monitoring. The skills to create wealth by risk taking is quite different from the ease of spending tax payers money from the comfort of a government department .. I have seen the disruption to businesses, and by extension to the nation’s economy, by inapt decisions made by public servants who have no idea how the real commercial world functions.
As an example a national company that had its operation in every State employing about 50 skilled people, both Australians and under 457, with a turnover in millions needed the services of three executives for WA where the business was expanding faster than anticipated. Case officer decided that this national company did not require this three new positons. The refusal was based on flawed grounds of reasoning that showed public servants has no clue what real businesses do. The employer is of such stature and standing that in no way he would be indulging in any scams to simply provide employment to a non-citizen. The required specialized skill was not available in Australia. I succeeded at the MRT after a long delay. In the meantime he lost one of the nominees who had no patience to wait and left the country. This of course caused disruption to his business.
With greatest respect I submit that public servants charged with statutory powers should not venture to make commercial decisions where they have no experience. Monitoring yes they should and route all their resources to weed out scams after the nominee has commenced employment and it should be based on found evidence. Acting on suspicion of scams we should not throw the baby with the water. -
Monday, 07 March 2016
Hi I loged 457 nomination on 18 nov 2015 and file open on 23 dec and demand some document ,still no response till now . What is the reason ?
-
Thursday, 10 March 2016
hello, I would like to ask you, my 457 contracts administrative nomination was refused -Genuineness criteria- what is bigger chance to be successful- 1. apply once again and lodge another application, or apply for a review of the refusal in the Administrative Appeals Tribunal (MRT division). Thank you
-
Thursday, 12 May 2016
Hi my visa under 189 individual skill got rejected.
Whats next? I am very genuine and all my documents are crystal clear, VO was very adamanent and not accepted my answer to natural justice.
How can i get visa -
Thursday, 23 June 2016
I have question regarding refusal twice i have been refuse for subclass 600 business visa now i want to file on my spouse for 457 is there any risk
Regards ajju -
Wednesday, 29 June 2016
hi Liana
I've got refusal on 457 for no reason.... very disappointed, sad and discriminated.
But I know some people who have got PR straight after student visa, because of their sister is working in DIBP as some manager.
It is discrimination and I like to report...
Can you or some one help me how to do it? -
Friday, 15 July 2016
I just got refused for 457 cause apparently I am not qualified and don't have relevant set of skills to do my job (which by the way I have been doing for the last 4 and half years!). I have done my Bachelors degree in Business but case officer GEORGINA claims I am not qualified now. I would like to know what her qualifications are and what set of skills does she possess to actually say I am not qualified enough! I got this degree from this very country - does that mean they don't acknowledge the education system in their own country now? Nomination position was approved but visa rejected - I think this contradicts her fellow colleagues decision in stage 2 now. Doing well AUSTRALIA!
-
Friday, 22 July 2016
Hello everyone.
I have got a refusal for 457 as well. Reason is that have not enough skills....
How he case officer Molly with number 00004539(whatever) knows about my skills.
I am frustrated and I have done my investigation about a some manager/officer in Immigration Department. The thing is that her relatives have got PR straight from student visa. Without IELTS and without graduating the UNI. Both relatives of that Manager/officer are from high risk country. In 7,5 years they haven't paid even one dollar to Tax Office. This information is 100% truth. Migration officer is using her position to smuggle people illegally to Australia. I have all names and information. Tell me please, who can deal with that? I have reported to Border Force, ATO, Poice but unfortunately no results. Immigration Department is discriminating. Braking rules of discrimination act.
HELP HELP HELP -
Saturday, 23 July 2016
George - write to Liana at help@migrationalliance.com.au re fraud of case officer.
-
Wednesday, 27 July 2016
Oh My God today my nomination refused for a a Retail Buyer position with a stupid and non sense reason, my salary is 66370 plus super per year and case officer told me your salary is 55000 per year also i did send my payslips, bank statement, etc. and Secondly my position location is main company Head Office from last 6 months and case officer told me you are working on shop front, Anyone would like to help me out, my contact number is 0481345644
-
Thursday, 28 July 2016
Based on Janpal Singh posting it is apparent that DIBP officers who are mere public servants, have now become "arm chair Board Members" of businesses. I have made submissions to MIA for onward consideration by Senate Committees asserting that the Immigration Department officers are not the appropriate persons to make decisions that are the affect business operations on the need for Human resources. The pencil pushers should stick to enforcing monitoring role of post employment of nominated employees. Armchair pencil pushers should confine themselves for what they are trained for and not stick their steak beaks into areas they have no experience in. Or else Australia will have failed economy. Alternatively before a public servant is appointed he/she should demonstrate they have worked in private enterprises for a minimum of 5 years.,
-
Tuesday, 30 August 2016
if any one can help me on this...sponsorship is refused....
after waiting for 3 months today we got the mail tht its refused..
few questions if any one have the ans,
my sponsor had been informed tht he did not full fill the requirements for training benchmark ( i dont have much details and dont even know wht is all this abt)
but he has been given 21 days of time if he have any queries and can apply for review the application,
my question is have any one of u ever been across who had applied to review and got the approval,
any help is much appreciated.
my time line:
Sponsorship and nomination applied - 17th may 2016
visa applied - 30th may
request for medical - 19 july
submitted following week
will review of applocation is going to help or its just a waste of time and money? -
Tuesday, 30 August 2016
We are in the same boat as Prita applied May 2016 and received SBS refusal due to lack of evidence re training benchmark. SBS resubmitted on August 22, with evidence of apprentice payslips and now its a waiting game once again. Wondering how long it will take
-
Saturday, 03 September 2016
we are also planning to resubmit but dont know whther it will help
-
Sunday, 04 September 2016
Prita,
Over 26 years of experience with the department manned by people with average intelligence I before I submit a case I conceptualize the Department as a animal that is toxic and volatile. It requires a special intuitive sense to deal with this unpredictable "beast". here are some overriding tips to bear in mind.
The department does not operate under a judiciary process.
You engaged in a an administrative process based principle of natural justice, procedural fairness and the like underpinned by the ADJR and other Administrative laws .
The Migration Act prescribes a clause that says the case officer "must be satisfied" the criteria is met before the officer can approve the application, but the policy guidelines limits how case officer can be "satisfied".
To add to our headache the case officer is mandated to exercise his "discretion" to make decision.
Further to our woes there is no assurance no two case officers will make the same decision under similar circumstances and facts i.e there is no repeat ability from case to case.
By now you would realize there is no definitive answer to your stress what will work and what will not. You would have to use your intuitive common knowledge and sens of natural justice and give it a shot. Alternatively pay some money and engage a competent agent with good experience. -
Monday, 05 September 2016
Robert Chelliah
Thx for the advice...though i didnt understand much,
but yes we have hired a agent and now he reapplying again,
fingers crosses!!!!
Immigration blog
If anyone needs immigration advice please email help@migrationalliance.com.au and we will find you an agent to assist you.