Login / Join
Immigration Daily News Case officer makes a decision based on 'Internet Sources' not ANZSCO, Regs and PAMS: 457 stream againAustralian Immigration Daily News
Breaking Australian immigration news brought to you by Migration Alliance and associated bloggers. Please email help@migrationalliance.com.au
- Font size: Larger Smaller
- Hits: 5354
- 7 Comments
Case officer makes a decision based on 'Internet Sources' not ANZSCO, Regs and PAMS: 457 stream again
Check this out! A DIBP decision at its worst. A Retail Buyer nomination has been refused on the basis that the case officer based their decision, not on ANZSCO, but on 'Internet Sources'. See in particular page in the link below, which forms part of the decision record.
Retail-Buyer-nomination-refusal-based-on-Internet-Source.pdf
It is evident that case officers in the 457 visa stream are not being trained on, or not caring about the regulations and policy.
Regs and PAMS explains that an assessment on job descriptions is according to the majority of tasks in ANZSCO.
There is nowhere in the PAMS where it states that “Internet Sources” of for job descriptions is what a case officer should rely on:
REG:
Reg 2.72
(10) If the person is a standard business sponsor — the Minister is satisfied that:
(aa) if the nomination is made on or after 1 July 2010 — the nominated occupation and its corresponding 6-digit code correspond to an occupation and its corresponding 6-digit code specified by the Minister in an instrument in writing (https://www.comlaw.gov.au/Details/F2015L01059) for this paragraph;
(e) if the nomination is made on or after 1 July 2010 — the person has certified as part of the nomination, in writing, that:
(i) the tasks of the position include a significant majority of the tasks of:
(A) the nominated occupation listed in the ANZSCO; or
PAMS:
Regulation 2.72(10)(aa) provides that the delegate must be satisfied that, if the nomination is made on or after 1 July 2010, the nominated occupation and its corresponding 6-digit code correspond to an occupation and its corresponding 6-digit code specified in a legislative instrument made under regulation 2.72(10)(aa). This means that delegates must be satisfied that the nominated position effectively aligns with the ANZSCO classification.
Delegates may consider the requirement met if:
- the certification under regulation 2.72(10)(e) and
- the description of the responsibilities and main duties of the position provided in the application form
support the meeting of the regulation 2.72(10)(aa) requirement. If, however, there is any doubt as to the veracity of the certification, delegates should consult additional evidence such as a duty statement or job description and further assessment should be undertaken, the outcome of which may affect the delegate’s satisfaction.
People's lives are on the line here. Their futures. We cannot have case officers making decisions like this.
Have your say.
Comments
-
Monday, 28 September 2015Almost as bad as a recent nomination refusal for a Customer Services Manager on the grounds that the employment contract showed the person would be paid a commission on top of the base annual salary - the decision record stated that as CSMs do not receive commissions the role was not that of a CSM and thus had to be refused.!
-
Wednesday, 30 September 2015
We received the second nomination refusal for a position of retail buyer. The sponsor is an online store selling thousands types of product. The first refusal is based on the business is a small business and the position is not necessary required by the business (genuine position issue).
In second nomination, we provided the company's turnover is over $2.5 million, company's procedures in relation to selecting goods, deciding prices, promoting products etc. We also provide the evidences to support company sales, operating, staff etc. However, the second nomination was still refused due to:
"On assessment of all the information supplied by the applicant, I am satisfied that the
nominated position of ANZSCO 639211 - Retail Buyer, does not appear to be a position
necessary to the operations of the business.
In making my decision, all the information provided before time of decision has been
considered. I have considered the information provided with the application but find
there is insufficient evidence in the documentation to support a finding that there is a
genuine business need for a Retail Buyer. I have formed this view after consideration of
all the information provided pertaining to the operating environment, current practices,
commitments, staffing composition, and evidence to support claims regarding the current
and projected growth. No independently verifiable evidence was provided by the applicant to
support the need of a Retail Buyer.
I have considered all the information provided, and given the size, scope and nature of the
business as evidenced by the information provided, I am not satisfied that the nature of the
business is sufficiently large and complex enough to demonstrate the need for a Retail Buyer
performing the duties as defined by ANZSCO on a full time basis.
Consequently, as the position of ANZSCO 639211 - Retail Buyer does not appear necessary
to the operations of the business I do not consider the position associated with the nominated
occupation to be genuine."
DIBP knows better to run an online store with $2.5m turnover??? -
Thursday, 01 October 2015
Yea, the current refusal letter is just DIBP's template. I've read more than 5 refusal records which have almost the exact same wordings. It appears to me that the COs have zero knowledge to the business world, yet they sound like they know businesses more than a businessman does.
-
Thursday, 01 October 2015
I totally agree...horrible decisions are coming from case officers and expect Business owners especially small to medium scales to do all the roles them selves....If they do not hire correct staff how can they ever expand business!!!!
-
Friday, 09 October 2015
In a refusal letter for a Customer Service Manager nomination lodged by my client, the CO said that my client's business colleges with 3 campuses and turnover $10 mil, a "small business" and for that they don't need to have a full time Customer Service Manager and senior management such as CEO and CFO can do the customer service job. He also pointed out the lack of info which is relating to a sponsorship application criterion and had been already supplied in the SBS application stage where the sbs had been already approved by the time the nom was lodged. What a joke !
-
Friday, 09 October 2015
MM - 457 teams across Australia are becoming a joke.
Immigration blog
It's good money for the AAT. No consequence to the case officer even if the decision is remitted. Why would they be concerned if they make bad judgement like this. "If I am not feeling it - then I am going to reject your application".