Just received decision in the case of person who was acused of providing a false bachelor degree from a University in India on the grounds of "overseas referral ".
We provided further letters from the University supporting my client's claim but the officer refused the application due to a lack of skills that had been evidenced and compared to AQF standard with AEI database.
see below :
From: Piotr Ferenc
Sent: Thursday, 19 December 2013 11:00 AM
To: 'This email address is being protected from spambots. You need JavaScript enabled to view it.
'; 'This email address is being protected from spambots. You need JavaScript enabled to view it.
'
Cc: 'This email address is being protected from spambots. You need JavaScript enabled to view it.
'; 'Migration Alliance'
Subject: RE: IMMI Refusal Notification
Dear Eric ,
Thank you for your communication.
It looks like you have made administrative or judicial error not taking in to consideration evidence provided with visa application . The decision is invalid due to breach of Section 54 of Migration Act 1958 saying "Minister MUST have regard to all information in application" .
In your decision you have stated "
"Whilst it is probable that you were a student at this university, I find that on balance
you have not demonstrated either a Bachelor degree or 5 years relevant experience
as required by the Australian Bureau of Statistics ANZSCO as a Training and
Development Professional 223311.
Therefore I am not satisfied that Regulation 457.223(4)(da) has been met."
We have provided the printout from AEI database showing clearly that qualifications of our client obtained overseas are equivalent of AQF Bachelor . Your above statement clearly indicates you have missed this evidence in your assessment .
I claim judicial error , urge to set invalid decision aside and continue with further assessment of this application .
Kind regards
Piotr Ferenc MARN 0743766
The competent answer was received from Manager :
From: Catherine FLAVELL [This email address is being protected from spambots. You need JavaScript enabled to view it.
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Sent: Thursday, 19 December 2013 1:16 PM
To: Piotr Ferenc
Subject: 8 - xxxx, Naccccccci Arccccc Pxxxx - IMMI Refusal Notification [DLM=Sensitive]
Sensitive
Good Afternoon Mr Ferenc
Thank you for your email, I have looked at the application and have spoken to the case officer and I am satisfied that that Mr Host has made a sound decision on the application and there was no error.
All of the information was taken into account at the time of assessment including the educational information and the referral response from our overseas post.
I am satisfied that the correct decision has been made on this application and I refer you to the notification information and any review rights the applicant may have with the MRT.
Kind regards
Catherine Flavell
Ag Assistant Manager – 457 Team Brisbane
Department of Immigration and Border Protection
Ph: 07 31367495
Fax: 07 31367152
This email address is being protected from spambots. You need JavaScript enabled to view it.
GPO Box 9984
Brisbane QLD 4001
299 Adelaide Street
Brisbane Qld 4001
I am thinking myself - lets talk to competent person so I called - Assitant Manager that must be serious competent , skilled, proffesional person .
see below :
Dear Catherine Flawell,
Following out toady's conversation at 1 30 PM I would like to summarise :
1. You admitted that you have not revealed documentation provided by overseas post before answering my e-mail and
2. You support decision of case officer moreover,
3. You admitted that you support decision of case officer as you believe client is not suitably qualified even thought the evidence from Australian Education International database have been provided. You could not confirm if the evidence I am referring to was taken in to consideration and if so why is not mentioned in decision record.
You are "supporting " decision and of case officer not knowing details of the case and you claim that you competently answered my claim of invalid decision as you "spoke to Eric" and read natural justice letter . That is and of the story - go to MRT !
During our conversation you have interrupting me number of times not allowing to ask specific question in relation to validly of decision referring me to MRT, that is inappropriate ( moreover arrogant and unprofessional) as invalid decision is not subject to MRT review but suppose to be set aside.
I remind you similar situation we have had few months back when your office apologised after 6 months for making invalid decision .
In my opinion the situation shows significant disrespect to myself as RMA , to my client and incompetence or prejudice of the decision maker.
If you claim decisions is valid please explain where in decision record is explanation referring to documentation provided why the client is not skilled for nominated position . Case officer clearly stated :
" I find that on balance
you have not demonstrated either a Bachelor degree or 5 years relevant experience
as required by the Australian Bureau of Statistics "
I do have demonstrated my client has bachelor degree . It is decision maker who presented no arguments or evidences in contrary. The decision is invalid and I do insist to set it aside.
Kind regards
Piotr Ferenc | Registered Migration Agent | MARN 0743766
has anyone experienced the same treatment ?
Go away to MRT and stop botthering us with pontless discussions - we - MANAGERS will back up our officers - we are all big happy DIBP family ...... so why are you calling ? These RMS are a plague ..