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Incomplete sc457 applications getting instant refusals
DIBP has warned that sc457 applications including sponsorship, nomination and the visa application must be decision-ready or risk refusal.
Responding to Migration Alliance enquiries, a spokesperson for the Department of Immigration has stated that because the lodgement of incomplete applications has been an ongoing issue for the 457 processing network, the department has ‘adopted the approach of making decisions on incomplete applications at time of initial assessment.’
This means an application could be refused the very next working day, after lodgement.
Migration Alliance enquired with the DIBP upon seeing a report that an applicant who lodged their visa late on Friday was refused the Sponsorship application on midday Monday as the required evidence was not uploaded with the application.
The latest response from the DIBP to the Migration Alliance is contrary to a report which said that “The MIA [who also enquired on the matter]…was advised that [the sponsorship application refusal] may have occurred as new staff were working on SBS applications.”
In its letter to the Migration Alliance the DIBP explained that from a processing perspective, the lodgement of incomplete applications has been an ongoing issue for the 457 processing network.
“For some time we have been using stakeholder forums and written advice to individual agents to highlight the issue” noted the response. “Clients have been encouraged to access the checklists on the department’s website for guidance as to the supporting documents/information that should accompany applications.
“Despite these efforts there was no discernible improvement in the quality of the applications being lodged. In recent months the processing centres have adopted the approach of making decisions on incomplete applications at time of initial assessment. This is not intended as a blanket approach and is aimed at changing application lodgement behaviour.”
Applicants should take note that where applications are incomplete, a statement should be uploaded with the application identifying that the application is incomplete and why the information was not available at time of lodgement, and when it is likely to be uploaded electronically.
Comments
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Wednesday, 02 March 2016What if the application was lodged by individual client, not RMA?
Would they give 28 days to provide further documents or refuse it? -
Wednesday, 02 March 2016
Wondering where my application got to now- I lodged in October!
Written to DIBP twice to no avail. The reply simply states words to the effect they have been busy.
Immigration blog
It seems that the Department is saying one thing about building positive stakeholder relationships with Agents and the 457 team is off on their own tangent and a law unto themselves with some of these decisions.
The online electronic system is such that an application could never be submitted ‘decision ready’. It is impossible. This is due to the way the lodgement system has been designed. Documents cannot be uploaded until such time as the application is submitted and paid for. There is no facility to submit an application with documents already attached. Therefore, there will always be a period of time from when the application is submitted and paid for and it is ready to be considered prior to when the ‘uploading’ of the documents has been completed.
With processing times of up to six weeks, one would imagine that a better use of time would be to clear the backlog of cases as opposed to refusing applications that have been lodged for less than one business day. There should be at least one full working day until these applications are assessed.
Unless we get some commitment from the 457 managers we will continue to experience decisions and actions that are well out of step with the rest of the areas, which all seem to communicate well and act in line with the service standard of 'be fair, open and reasonable in all that we do'.