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Immigration Daily News Why you need a Registered Migration Agent: 'Genuineness' letters from DIBP bordering on 'insane'Australian Immigration Daily News
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Why you need a Registered Migration Agent: 'Genuineness' letters from DIBP bordering on 'insane'
This is the case of a 457 nomination application for the position of Real Estate Agent at an Australian Real Estate Agency.
The Registered Migration Agent representing the company has repeatedly been asked by the case officer to provide 'genuineness' evidence for the position.
The first issue here is that the evidence being requested has already been provided by the Registered Migration Agent.
What is worse though, is the lack of professionalism shown in the request letter from the DIBP case officer.
The letter literally doesn't make sense in parts.
Case Officer using the DIBP Position Number: 00002602, you are now on notice. Agents and applicants please look out for letters originating from 'Position Number: 00002602'.
To think that government officers like this are making decisions which impact on Australian businesses and people's lives, is just plain scary.
Australian employers genuinely need skilled people to fill genuine positions, and yet here we have a case officer, a delegate of the Minister, who hasn't got enough skill to put together a letter and is, to all intents and purposes, just getting in the way. The letter is sloppy and the written English is appalling. It begs the question... why doesn't the DIBP subject delegates to English tests, given their delegates are using the same legislation and policy as RMAs?
Any ordinary individual trying to deal with the DIBP directly would be at a complete loss. In this case, the employer rang the Registered Agent and said, 'This request letter from DIBP doesn't make sense. Can you read it and tell me what it means please?'.
Comments please.
Comments
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Monday, 27 June 2016We have had similar issues for Marketing Specialist and actually put a % to the tasks.
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Monday, 27 June 2016
Case officer will probably find it difficult to get IELTS 6.0
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Tuesday, 28 June 2016
You are right! I received "natural justice" letters from the 457 visa area from the Melbourne's office of DIBP. They all have one common theme: arguments and analogies are illogical and fail to follow the law.
When you read these letters, it begs a question, how can a person/s of such illogical mind and disregard to PAMS and laws is still employed by DIBP? I can see that the officer/s is trying to be a lawyer but it will never be unless they understand the logic and have some ability to apply PAMS.
What these officers are relying on is the financial unafordibiltiy of visa applicants to appeal these rejections. People can complain about lack of resources but they cannot complaint about lack of mind because you are born with it. -
Wednesday, 29 June 2016
Its quite simple - these are Skill Level 4 occupations. They are not skilled enough to get into this country on their own merits (if they had to traverse the skilled visa system) but yet they are entrusted to make decisions on the futures of swathes of people.....
ANZSCO Unit Group 5995 requires either a Cert II or 1 year of relevant work experience to be deemed competent! -
Wednesday, 29 June 2016
I had a client's nomination refused earlier this month. Three different officers sent three different "Genuine Position" requests successively. In the end the fourth case officer refused it on a point not mentioned in any of the previous three requests.
It is a pattern now that the Department is requesting every minute detail about a position and refuse a nomination on whatever reason they can manage to think of. After more than 6 months of assessment with a refusal decision, the applicant can either go for an AAT review with another 12 months waiting period and $1673 fee, or simply give up, which is what the Department is hoping for.
Apparently one application can go through up to 4 or 5 case officers to reach a decision. If one officer requests further info from the applicant, the application goes back to the queue to be assessed by another case officer selected randomly by the system 28 days later, although the original same officer could be selected again theoretically. If the second officer decides to request further info again, the same process repeats itself. That's why one application can take more than 6 months to get finalised. I doubt it is an efficient process as each officer will need to review the whole case again before being able to make a decision according to law. Potentially you can have 5 different officers each taking a comprehensive assessment of one single application. No wonder the Department complains that they don't have enough resources. They will never have enough resources working like this. -
Wednesday, 29 June 2016
No there has been similar letter all over the place. I submitted nomination application last year in November and am still awaiting decision. Genuine position requirement was addressed, On 6th February we received another request to address genuine position requirements. This was provided on 28th February. Then on 6th of June another request to show how position is genuine. though we have previously addressed every single item as listed in PAM3.
Also in the past we had nomination approved, then 457 visa refused because genuine position criteria not met. MRT review was sought, before the hearing we had to re-apply for another nomination which was promptly approved, and then MRT after 10 minutes of hearing also agreed that position was genuine. How can one officer rule that position is genuine, then another one for same position that it is not, on same genuine position submission???? -
Wednesday, 29 June 2016
It appears those case officers are now using the new ‘precedent’ to send the 'Genuineness' letters despite whether or not you have previously provided the required evidence / submission. It seems they enjoy keeping changing the style of wording from time to time. The following are the questions in the case officer’s letter I received on today regarding a nomination application for the occupation of Customer Service Manager. The officer says,
Please provide:
An explanatory statement and or evidence that the tasks of the position are consistent with the tasks of the nominated occupation as listed in the ANZSCO when taken in the context of where the position will be performed. (note – detailed submission provided already!)
An explanation of the percentage of time expected to be spent on the tasks you have outlined that the nominee will be undertaking (note- confused...).
A workforce breakdown which indicates how many employees your business has and the ratio of Australian citizens / permanent residents to temporary visa holders (note- Org chart provided already).
Financial records (independently verifiable where possible) which demonstrate that the business can support the nominated position ( note- Financial statement and BAS provided already!)..
Most information has been provided before by me and ironically the case officer also ‘acknowledges’ the following but still ask me the similar or same questions.... Jesus!
I note that you have provided the following documents with your application
- Organisational chart
- Genuine position submission
- Previous employee payslips and tax return
- Previous employee resignation letter and Medical documents
- Various Client Care guides and procedures
In my experience, it is quite common a new case officer repeats the previous officer’s questions when he/she takes over the case but ignore our previous replies to those questions -
Thursday, 30 June 2016
It's funny that my previous comment was not published, still moderating am sure!
People know most agents just want the money from applicants! Dont think you're all smart. Of course this site is generate advertisement for your business. You wont publish anything that is not going to be in your favour, you hypocrites.!
I will send a copy of my comments tothe newspaper so they know the real picture. -
Friday, 01 July 2016
Pixie - we have set up a corner for you: http://migrationalliance.com.au/immigration-daily-news/entry/2016-07-troll-corner.html
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Thursday, 30 June 2016
.... .... my yesterday's comment was not published either.
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Saturday, 02 July 2016
Sunny, maybe your comment was not an advertisement for this full of sh_t alliance. They would have moderated it because it didn't favour their members.
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Thursday, 30 June 2016
Comments which degrade Registered Migration Agents and what they do for a living will not be moderated into this blog. Pixie perhaps you could let us all know your real identity.
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Thursday, 30 June 2016
Looks like comments from yesterday weren't published so I'll rewrite mine:
From my experience, if DIBP requests further documents for the same criterion for something you've already submitted, it generally means they weren't satisfied with what you've already provided. Sometimes, they know they are going to ultimately refuse the application but they ask anyway as a form of natural justice.
But then again, VPOs have definitely forgotten to refer to attachments sometimes. -
Saturday, 02 July 2016
I seem to remember in the bad old days migrants had to pass a language test which more often than not would be in some obscure language like Gaelic or Icelandic.
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Saturday, 02 July 2016
Are you for real? You're the one who degraded the officer of DIBP. Is that even professional?! Seriously, in a public forum? Why don't you go to the manager of the area? You honestly think all members of this migration alliance have brains??! My original comment & reply (to Arhur Stuart) was just to ensure that if your members are critical of people THAT they make sure their grammar & spelling is flawless. You call that degrading?! Please check the dictionary.
On the comment that some of the officers would not have come here as skilled migrants, I'm sure a lot of migration agents are just lucky they were born here - THEY CANT SPELL! Have you read some of your members' submissions, they were APPALLING! Remember public pays you top money. I'm NOT a troll. Publish this or not, I DONT CARE! I've been reviewing services, I will definitely do one on this website. I'm not going to give you more advertising. DEFINITELY intelligent people can read the legislation and apply for any appropriate visa WITHOUT a MIGRATION AGENT. -
Saturday, 02 July 2016
Looks like we have a DIBP case officer on the blog in Pixie! Pixie should give the AAT a call and listen to what they think of DIBP decisions. Pixie, if the DIBP publish warnings next to migration agent names on their MARA website then Migration Alliance should be able to get away with publishing a warning against a DIBP number (no name). Pixie, are you the case officer with that number in the article? You sure sound wound up enough for it to be you.
LOL! -
Monday, 04 July 2016
The publishing of the case officer's number along with the comment that they 'are on notice' is extremely intimidating and would expect better from an organisation that thinks of itself as a peak industry body. I suppose it shows the unprofessionalism of MA. You wouldn't see the MIA or Law Society acting like this.
To the person who commented about warnings against agent names, this is done after thorough investigation and examination of documents - just ask Kurt Kraues, not on the basis of one letter and an agent's 'word' that they provided the required docs previously. -
Monday, 04 July 2016
'Not intimidated'.....but you would see the DIBP behaving like this. The DIBP publish warnings about currently registered RMAs on the MARA website along with the agent's name and number.
In this case only the case officer's number is showing. Stop being so delicate. What's good for the goose is good for the gander. Or, another way of saying it is 'take a dose of their own medicine'.
The MIA and Law Society would not act like this. This is why we are NOT the MIA and the Law Society. We stand for something. -
Monday, 04 July 2016
Oh for goodness sakes can DIBP please get over themselves?
Immigration blog
which DIBP office Liana ?
unfortunately, this type of letter does not surprise me.