Breaking Australian immigration news brought to you by Migration Alliance and associated bloggers.
A subclass 485 visa holder who completed his Certificate III qualification in June 2013 has received a letter in the post from MITT which notifies him of the cancellation of his VET Qualification. Please find a link below to a copy of the letter the 485 visa holder received in the post. The personal identifiers have been removed to protect his identity:
VET-Mechanic-Automotive-III-cancellation-let.pdf
The Registered Migration Agent looking after this client has written the following email to MITT's CEO, Shereen Aboushady:
Attn: Shereen Aboushady
CEO
MITT
Dear Shereen,
I act as a Migration Agent for Mr XXXXX YYYYYY who is in the process of application for permanent residency. Mr YYYYY completed his Certificate III qualification from MITT almost 2.5 years ago, however he was shocked to receive the attached letter notifying cancellation of his Certificate III qualification.
Mr YYYYYY is a holder of a subclass 485 visa as a result of completion of the attached Certificate III qualification and has since completed further qualifications formed part of advanced credit as a result of his Certificate III qualification. Mr YYYYY has since become a qualified Automotive Mechanic and looking forward to settle in Australia permanently.
With cancellation of his Certificate III qualification, this may lead to cancellation of Mr YYYY’s subclass 485 visa. In addition, his future permanent residency application will also be refused due to cancellation of his certificate III qualification. These will have significant impact to Mr YYYY’s life and future in Australia.
We hope you could urgently provide a solution and explanation in relation to the above matter and we look forward to hearing from you.
Has any other agent or visa applicant come across this issue with MITT VET qualifications?
Below is the street view of 305 Victoria Street, Brunswick, 3056 where this college is located.
MITT website is down for maintenance at 4:36pm on 30 September 2015, as seen below:
That cancellation letter looks so full of errors that the Ombudsman would be delighted to take on it. Just a small piece of advice to the RMA handling the case: don't plead to the CEO, most likely their backside is on fire due to an audit, and they rush to do whatever compliance action they can to rectify past errors retrospectively. The letter does not specify the nature of the breach, and whether the former student has been a victim or the alleged perpetrator of any misconduct. Also, it does not follow the necessary procedure of natural justice to inform the former student that the cancellation of the award is intended, its reasons, and does not give the opportunity to the former student to respond and defend himself if accused. This is SOOOO wrong on so many levels I cannot even begin with...
Don't plead, attack. Take it to the Ombudsman straight away, threaten with legal action (would be well justified if the client looses the visa while it is proven that he/she is innocent), and first of all request further information and details on the student's file from the college, including any investigation and findings, they have an obligation to give it to the student.
I'm and RMA and also a seasoned Education Agent and I have had many cases where colleges almost cancelled enrollments or reported students for non-compliance out of simple human errors, or even unilaterally varied course lengths of active students and tried to dupe students to voluntarily sign for it, knowing it would lead to breaching visa conditions, and the list goes on. Many of such colleges were left alone for too long in doing whatever they did, and later when the squeeze comes from the authorities they shift the blame on to their students, who mostly cannot defend themselves as very few of them has an education agent behind who knows the rules and is able and willing to stand up for them against the college. In an ideal world all colleges and their staff should be fair, professional and accountable, but we do not live in an ideal world and these @#$%^ are making a bad name for the good colleges, as well as to the good education agents.
Unfortunately, Innocent students suffer because our system, although regulated, is not monitored professionally with consequences to the directors and managers.
I raised a question at a CPD in Brisbane, where the head of policy was in attendance during the time when many RTO's were being deregistered due to false documents and massive charges for fake Diplomas and Certificates'. The question was asked after the officials pointed the fingers at all the RTO's and the students and blamed them for the problem - "Which Government department licenses these RTO's without facilities and without ongoing monitoring for compliance leaving them to run and reap millions of illegal dollars? Isn't this where the problem lies and what will be done to combat this in the future?"
Obviously nothing and Edith is correct when she states human errors. They freely offer immigration advice at the RTO's and Universities, without consequences with DIBP, AFP for fraud and ASIC, ASQA, VRQA. How many RTO and University websites have immigration advice? Where is the monitoring?
It would be a rare occasion to find an RTO that was fully compliant at all times with all students and even to the point that in any case for a section 20 notification almost impossible for the RTO to protect themselves and prove compliance on their part.
Recently I came across a student who went to Deakin who was given wrong Information and told he did not need to apply for an extension of the student visa because his current visa was still valid for a month. It expired the following day. Hence the issue of becoming Illegal and applying after the 28 day grace period. This same student also advised he was told by the University they do not have attendance records and cannot provide him with a copy of the attendance.
When good colleges and RTO's have to compete with criminals and competitors with dubious activities it has a negative effect on the Industry and can undermine standards at all facilities.
Time to stand up DIBP and AFP and do what is needed to protect innocent people and remove the criminal element from the Education sector.
This is really shocking If a student finish his studies 2.5 years ago and get this shocking letter from college . What is his fault ? Lot of international students are suffering because of their institutions mistakes . I think should take actin against the colleges not against poor students.
Shockinggggg should help students.
The authorities responsible for ensuring compliance must take the blame for this. The candidate cannot be punished for a mistake of the the authorities responsible. This is absolutely ridiculous. The responsible authorities had failed to ensure timely compliance. In my view the cancellation of the Certificate III awarded must be revoked.
This shows that these kinds of shonky colleges need to be closed. Australian education industry is in the hands of some unscrupulous providers and unregistered overseas education agents. What a shocking news and who is going to look after these students. Border Force is also equally liable for closing a blind eye towards these kinds of education institutions and certain employers such as 7 Eleven and many other service station giants.