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DIBP requests for further information (RFI) in 457 stream are inconsistent - help!

RMAs and members of a migration industry professional association may be able relate to this email received by Migration Alliance today:
 
Dear Migration Alliance,
 
I have been a member of MA for the last few years. I really hope you get this email and can help me. I will focus on one particular aspect where I have been having issues with DIBP on 457 visas. I have clients who hold a Cert IV in Commercial Cookery from Metro College. Whereas in the past the department has accepted these qualifications and granted 457 visas to my clients lately for two of my clients I have received strange RFIs. For the first case I quote the case officer
 
"The department has conducted checks to confirm the information that you provided in your application. During this process we have received unfavourable information which does not support your application. You have provided a Certificate IV in Commercial Cookery SIT40413 at METRO COLLEGE OF TECHNOLOGY PTY LTD certificate as an evidence that you have the skills and experience that are necessary to perform the nominated occupation. As a holder of a Student visa you are required to be enrolled in an approved registered course only. The Provider Registration and International Student Management System (PRISMS) database indicates that you have not been enrolled in a Certificate IV in Commercial Cookery SIT40413 course at METRO COLLEGE OF TECHNOLOGY PTY LTD ."
 
My client got his qualifications while he is onshore on a student visa and undertaking "Bachelor of Building and Construction". He did his Cert IV as distance learning as a domestic student. Have you come across similar cases? If I provide the explanation is that sufficient or is there a hidden DIBP agenda here? 
 
For the other client the department has requested for a skills assessment because "Your qualification from Metro College is obtained through RPL (Recognised Prior Learning)". Nowhere on the certificate, transcript or letter of completion from Metro College it is implied that the qualification was achieved through RPL. It was achieved through distance learning. I wonder if this simple explanation and a letter from Metro College will be sufficient to convince the case officer?
 
Should I also mention that in the past, applicants with similar qualifications have not had any problem getting the 457 visa?
 
Please help!!
 
XXXX YYYYY
Registered Migration Agent
Member Migration Institute of Australia 0000
ZZZZZZZ
 
We have been informed by DIBP that if agents have feedback, complaints or questions that the right place to do this is the Global Feedback Unit online form.  Here is a link to that form:
 
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  • Colin Soo
    Colin Soo Friday, 25 September 2015

    I'm not saying that what they are doing is necessarily lawful. However if you look at this from DIBP's perspective:

    - I'm guessing that Metro College of Technology may be under review/investigation by DIBP and/or other government departments, or has been in the past. Here is some unfavourable news about the school: http://www.abc.net.au/7.30/content/2009/s2655452.htm. I didn't see any more recent news than that. However if there have been complaints against the school in recent years, that might be a flag.

    - a Cert IV in Commercial Cookery as DISTANCE EDUCATION????? Don't you need hands on learning to be a cook/chef? How does one pass the practical units? If I was a case officer and knew that someone obtained a trade only through distance learning, I would be asking for a skills assessment as well.

    It sounds like there is a real drive to focus on integrity, and I'm not surprised that it's getting harder and harder to get visas given the news in the last couple of years.

  • Colin Soo
    Colin Soo Friday, 25 September 2015

    In addition, a foreign student studying a full time Bachelor AND doing a full time Cert IV is a very heavy work load. It's hard enough for just a local growing up in Australia to manage 2 full time courses. So if the student's English result is a borderline pass, then that causes the case officer to have even greater concerns about whether the applicant has the skills or not, so I am not surprised that a skills assessment has been requested. And if the student actually didn't study the Bachelor even though they were enrolled to study in it, then the student shouldn't have held the student visa.

    I am making assumptions on a situation that I don't have full knowledge of. Sorry that my comments sound harsh and not helpful to your situation, but it's also very important to understand how a case officer might look at things so that you can try and mitigate it.

    So yes it does it look like integrity is a huge focus for the department.

  • Guest
    Justin Browne Tuesday, 24 November 2015

    Just to clarify this for the members, we have lodged 5 visas all in quick succession who were relying on Metro College RPL's. ALL were asked to complete Migration Skill Assessments. We argued with the first couple extensively but the department were unrelenting.
    We asked for clarification from the Supervisor if this was a Metro issue but as expected received no reply. We have lodged other applications with RPL's from other colleges (reputable) and they have been fine.
    We believe this is purely a Metro College issue and having spoken to some other RTO's they have confirmed that they believe Metro is under investigation.
    We are now advising all of our clients to obtain an RPL from a reputable (ideally TAFE) RTO as most won't succceed in a Migration Skills Assessment.

  • Guest
    Sham sunder Tuesday, 24 November 2015

    Hii i have cert IV in patisserie from metro college.i was about to apply my nomination next week for 457.can you guys tell me what would be the risk ?
    Thankyou

  • Guest
    Justin Browne Tuesday, 24 November 2015

    Hi Sham,
    My best guess is you will be asked for a Migration Skills assessment if you lodge it with a Metro assessment. I am not accusing Metro of anything, just saying that the department have aske for a MSA for every Metro RPL we have lodged.

  • Guest
    YING Saturday, 13 August 2016

    I think if the applicants can provide evidence of three year full time employment as a cook or chef (or six year part time ), DIBP will still accept that the metro college certificate. They only concern of DIBP is that metro college issue certificates too arbitrary as is they are selling certificates. If any applicants can demonstrate sufficient working experience which are eligible for RPL of a certificate, I do not think DIBP will ask for further information.
    In short, sufficient working experience of at least three year full time employment is very critical for any applicant with a RPL certificate fro metro college of technology.

  • Guest
    sham sunder Tuesday, 24 November 2015

    Hiii
    but in my certificate its not mentioned that it is through rpl.competent results!!

  • Guest
    Fais Thursday, 26 November 2015

    Good

  • Guest
    Faisal Thursday, 26 November 2015

    Visas policies for PR of accounting degree students looks impossible in future.
    How can we secure our future after completion of MPA degree.

  • Guest
    satbir Monday, 30 November 2015

    Hi I have been working in a restaurant on 457 visa from last one and half year. I thought about to apply for rsms. For that I have obtained cert 4 from metro college on basis of my work experience and recent studies. I got rcb approval, nomination lodged and going to put visa application. I am bit worried after reading this article. can u plz advice me what to do in this situation.
    Kind regards

  • Guest
    Gurpreet Wednesday, 03 August 2016

    Hi satbir,how did you go thru?i mean skill assessment.can you plz tell me

  • Guest
    satbir Wednesday, 03 August 2016

    Hi gurpreet
    I have done this thru rpl. And provided my experience letter. Picture and videos of doing work at restaurant provided. Which visa u have applied?

  • Guest
    Gurpreet Thursday, 04 August 2016

    Actually my sister is having issues .she applied for 457 visa and she had cert 4 from metro college.now immigaration is asking for further proof how did you get this certificate.now our agent advised us to provide immigration a proof that she stayed there for six months.even though she provided work experience and pics and videos to get this certificate.what s your say if you have gone through same kind of situation

  • Guest
    satbir Thursday, 04 August 2016

    I haven't yet gone through the situation. I have applied rsms with cert 4 in commercial cookery from metro college through RPL and it is mentioned on certificate.it is not mentioned anywhere on the your sister's certificate that it obtained through Rpl. If not, student has to physically present during course.
    Even I don't know what will happen to me. What I would be asked.

  • Guest
    Sam Monday, 25 January 2016

    Sabit, I am in exactly same situation. Have you tried RPL from other RTOs?

  • Colin Soo
    Colin Soo Tuesday, 01 December 2015

    Satbir I'd be looking at doing a migration skills assessment if I were you. If your qualification and work experience is legitimate, then you should have no problems :)

  • Guest
    satbir Tuesday, 01 December 2015

    Thanks colin

  • Guest
    Manjit Friday, 11 March 2016

    Hi sir my name is Manjit my question is I have a cert4 through rpl I want to apply rsms visa should I need a skill assessment ?thanks

  • Guest
    Nishan Tuesday, 31 January 2017

    Hey bro did you apply with rpl or not.

  • Guest
    Gurpreet Wednesday, 03 August 2016

    I got a cert 4 in patisserie from metro college and it doesn't say rpl.immigaration has invited me to give more information how I obtained this qualification as that I was residing in Victoria.can any one tell me what to do or anyone has gone thru same situation.

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