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Compliance Melbourne is promoting a culture of abuse

Here is a complaint that I have generated today concerning the conduct of Compliance in Melbourne concerning one of our clients who attended a female compliance officer this morning:

 

Dear Global feedback and (name redacted)

 

I wish to initiate a complaint concerning the conduct of Compliance in Melbourne and in particular the conduct of (name redacted) position number (number redacted).

 

The information received in respect of this officer was that in the context of an application for a BVE my client was repeatedly questioned about matters not relevant to the grant of the BVE.

 

At the relevant time the client had lodged an application for a protection visa and (name redacted) falsely asserted that the application was invalid and that if it were valid then it contained false statements  concerning the claims articulated in the document.

 

That allegation was also recently made to another colleague by a female compliance officer in Melbourne in respect of another case involving a protection visa.

 

I am concerned that Compliance in Melbourne has a culture of abuse and intimidation being generated by certain rogue compliance officers.

 

False allegations to the effect that the claims are falsified and that an application is invalid against a background where the compliance case officer is pressing the mother of 2 Australian citizen children (under the age of 7)  to leave Australia is completely inappropriate.

 

If Border Force would like to initiate an enquiry concerning the falsification of claims in this case I would be happy to assist in that investigation.

 

The questioning as to what professional costs were charged and other matters not relevant to the subclass 050 visa application is, with respect, part of a pattern of conduct calculated to intimidate a single Mother who already has a lot on her plate  and is responsible for the care of her 2 Australian citizen children.

 

I am concerned that Compliance in Melbourne is abusive and seeks to intimidate and threaten individuals who are pursuing not only lawful but permissible applications under the Migration Act 1958.

 

I request that you immediately initiate an enquiry concerning these matters which occurred in Compliance this morning over the course of 2 hours.

 

I urge all practitioners whose clients have to endure this abusive behaviour to complain to Global feedback and then if the behaviour does not improve escalate the complaints.

 

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  • Christopher Levingston
    Christopher Levingston Tuesday, 21 June 2016

    I just got an email from Global feedback...it is hilarious..check it out!

    Dear Sir/Madam

    Thank you for your email. Please note that the Global Feedback Unit (GFU) mailbox is not a publicly available mailbox, it is used for the management of existing feedback cases.

    If you have an existing feedback case, please quote the feedback reference number in any correspondence with the GFU. Correspondence that does not include a GFU reference number may not receive a response.

    If you wish to lodge feedback with the GFU, we request that you do so via the lodgement methods listed on our website at www.border.gov.au/about/contact/provide-feedback.

    Please be aware before lodging feedback that the GFU is unable to assist with:
    • the review of visa decisions
    • visa application status enquiries

    The Global Feedback Unit will take no further action with this email.

    Regards

    Needless to say I shall comply..(FFS!)

  • Guest
    Neil Dracon Tuesday, 21 June 2016

    just goes to show, DIBP will do whatever it takes to make people not lodge applications that they are lawfully allowed to make.. they are going to regret it

  • Christopher Levingston
    Christopher Levingston Tuesday, 21 June 2016

    I have posted the complaint through appropriate channels...using the global feedback user friendly form....( not) but have had a complaint number allocated.

    i think Compliance in Melbourne had better clean up their act.

  • Guest
    Glen Tuesday, 21 June 2016

    Case officers should face the same penalties an MARN will be subjected to for breach of conduct. Sadly, they will probably be lightly cautioned and asked to be careful in the future (make sure they find our that the applicant is not going to be represented by Chris). :p

  • Colin Soo
    Colin Soo Tuesday, 21 June 2016

    That's a fast response. It took me 2 months to get a reply (which contained the feedback number) for one of my submissions through the complaint form.

  • Guest
    Ann ZHOU Wednesday, 22 June 2016

    Hi Chris,
    Might I mention that such an abusive behavior is not confined just within Melbourne office. I had accompanied a bridging E visa applicant for interview in Sydney office in April this year, the case officer was abusing the visa applicant right in front of me by calling the visa applicant a liar and imposter. When the case officer started to threaten the visa applicant for immediate deportation, I had to intervene by calling the manager in compliance section and pointed out that the allegation is unsupported and the interview officer has breached the Conduct Code of commonwealth officer. I asked the manager whether they are obey the rule of law in this country. On the very same day, I lodged a compliant to Global Feedback and FOI for the interview records. Guess what? I got a phone call 10 days later from a so called management assistance saying that the case officer’s conduct was in the line of guideline and my FOI would not release the records of interview because of national security!

    THIS DECEASE IS WIDELY SPREAD.

    ANN ZHOU

  • Guest
    danijela stojanovic Thursday, 23 June 2016

    I remember recently going with my client to compliance, I never let them go without me.

    While we were sitting and waiting for an interview, a poor man came by himself without the agent but had a form 956 with his other forms. The case officer yelled out just go home why are you still here, your lawyer is just making money off you. if you cant work how are yu going to survive, just go home and try and apply offshore lol her name was Emma, I will never forget it.

  • Guest
    danijela stojanovic Thursday, 23 June 2016

    couple of months ago, a case officer from compliance was forcing my client to apply for a 457 visa whilst on BVE. never bothered to ask if he was eligible just he needs to make the application. I told her that I would not be lodging unless obtains necessary scores for english otherwise will be rejected. not to mention they did not have money.

    On top of all this, we get drilled over the same thing each week of reporting. We applied for 457 sponsorship and nomination however could not lodge on line nor find paper application for 457 to complete for our clients. It is not publicly advertised that you need to request a form and then it is expected you complete it in 24 hours or its no valid. We went to Compliance and were greeted by a huge New Zealander together with the case officer. He was rude, and it felt like you were watching interrogation on criminal minds or law and order.

    I tried to interrupt and show that we lodged the first two parts however could not the last part as a result of the system. I was advised it exists on legend.com. I opened my legend.com on my phone and proved it did not exist. This was ignored. Not even they seem to know the procedures of having to make a request for the form online.

    The family of 6 (4 children under 10 yrs of age), had their electricity cut off, debts to the moon and back and compliance would not grant permission to work. We were told if we lodge 457 they will grant it. This changed because they are not that skilled enough to know that to automatically grant permission to work the sponsorship and nomination must be already approved. It seems for their errors and incorrect advice there are no consequences or boundaries.

    After a second application it was finally granted but there attitude and power trips are unnecessary.

  • Guest
    Jeremy W Hooper Thursday, 23 June 2016

    The culture of abuse seems to be catching. I have attended several AAT hearings recently where tribunal members appear to have been intent on hectoring applicants on non relevent issues in an atmosphere of apprehended bias , than sticking to the facts of the case. Has Anybody here experience the same.

  • Christopher Levingston
    Christopher Levingston Friday, 01 July 2016

    I got feedback from the complaint from DIBP following the lodgment of a complaint with global feedback and I also cc'd the case officer into the complaint.
    The allegations of a culture of abuse and intimidation were all denied.
    Apparently all they were doing is their job.
    I think what we have here is a communication problem.
    If a client comes out of an interview with compliance in Melbourne and they feel that they have been threatened, abused and or intimidated then clearly, compliance has a communication problem.
    It was interesting to note that the individual officer that was complained about is no longer handling this client.
    We lodged the PV application on 17 June and still do not have an acknowledgement, that in turn creates a bottleneck at compliance. The delay in finalising threshold receipt of an application is a DIBP problem and it makes no sense at all that compliance would in effect monster the client and continue to press the client to depart because another unit has not done its job.

  • Colin Soo
    Colin Soo Friday, 01 July 2016

    Is it legal to advise the DIBP officer that the interview will be recorded? It seems that there are people that record their encounters with law enforcement officers (and upload to YouTube) and they do nothing to stop the recording.

  • Christopher Levingston
    Christopher Levingston Friday, 01 July 2016

    Colin...absofrikinlutely..
    As long as you say " I am recording this conversation". In NSW you need to seek permission to record because of the Listening Devices Act but in other jurisdictions there is no legal requirement to disclose. A digital recording is perfectly permissible as an " aide memoire " but cannot be admitted into evidence as a covert recording but may be useful rebuttal evidence should an allegation of misconduct arise.Public servants are deathly afraid that an accurate and irrefutable record be kept of their dealings with members of the public and the profession.

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