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Discussion Starter · #1 ·
HI THERE,
I NEED AN URGENT HELP ON FOLLOWING...Please.

Invitation to comment on information for a Skilled - Nominated (subclass 190) visa
Adverse information received
The Department has conducted checks to confirm the information that you provided in your
application. During this process we have received unfavourable information which does not
support your application.
It is a requirement for the grant of a Skilled - Nominated (subclass 190) visa that the
applicant satisfies Public Interest Criterion (PIC) 4020 contained in clause 4020 of Schedule
4 to the Migration Regulations 1994. Subclause 4020(1) requires that there is no evidence
before the Minister that the applicant has given, or caused to be given, to the Minister, an
officer, the Administrative Appeals Tribunal, a relevant assessing authority or a Medical
Officer of the Commonwealth, a bogus document or information that is false or misleading in
a material particular in relation to:
● the application for the visa; or
● a visa that the applicant held in the period of 12 months before the application was
made.
If there is such evidence, subclause 4020(4) provides that PIC 4020(1)(a) or (b) and
subclause 4020(2) will nonetheless be satisfied if the Minister is satisfied that:
● compelling circumstances that affect the interests of Australia; or
● compassionate or compelling circumstances that affect the interests of an Australian
citizen, an Australian permanent resident or an eligible New Zealand citizen;
justify the grant of the visa.
On 12 November 2014, you applied for a class UC subclass 457 Temporary Work (Skilled)
visa.
On 24 March 2015, in support of your claims, you provided the Department a work reference
from ____overseas employer____
On 11 November 2015, your application was approved and you were granted class UC
subclass 457 Temporary Work (Skilled) visa.
On 24 November 2016, you were sent a Record of Decision of Whether to Cancel under
Section 109 the Migration Act 1958 (The Act), which outlined that on all the basis of all the
evidence provided to the Department in relation to your visa application, the work reference
from ......OVERSEAS......... was deemed to be a bogus document.
On 24 November 2016, your class UC subclass Temporary Work (Skilled) visa was
cancelled under section 109 for non-compliance with section 103.
You held your class UC subclass 457 Temporary Work (Skilled) visa from 07 April 2015 to 24
November 2016.
On 05 September 2016, you lodged an application for a Skilled Nominated (Permanent
(class SN) subclass 190 visa. It is a requirement of this visa that all applicants meet Public
Interest Criterion 4020.
The information above may adversely affect your ability to meet Public Interest Criterion
4020(1)(b), as there is evidence before the Minister that a bogus document has been given
in relation to a visa (the subclass 457) that the applicant (you) held in the period of 12
months before the Skilled Nominated (Permanent (class SN) subclass 190 visa application
was made.
You may provide comment on the information that is considered to be false or misleading
or the document that is considered to be bogus, and specify if you believe there are any
compelling circumstances affecting the interests of Australia, or compassionate or compelling
circumstances affecting the interests of an Australian citizen, an Australian permanent
resident or an eligible New Zealand citizen, to justify the waiver of any or all of PIC 4020(1)
and (2) to justify the granting of the visa.

My query is,
I am currently on bridging visa E with full work rights and have my wife and 22 months baby.
...If i withdraw my current application, would i escape the pic 4020 consequences ( 3 years bar and scrutiny in future application)?
...if i withdraw will it confirm the previous finding against me?
.. If i received the refusal of current application, how many chances are in MRT review to win if the overseas employer agrees and give the statement in my favour in front of Tribunal review judge?
...can i apply any visa just to stay in Australia and up skill or gain more points with language and work experience for future permanent visa application?
....can i apply for any visitor or work visa for Canada so that i would be outside from Australia to re apply for Australian permanent visa and wait there.

Please help,
I have time till 24th Sept 17 to comment on that notice.
Thanks in advance
 

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The only suggestion I am willing to make here is that you find a Registerd Migration agent and get professional help - Thete are numerous agents on this website that would be happy to take you on as a client I'm sure.

This is beyond the standard generic advice you will find on a public forum, you would be crazy to try and make comment to what has been requested based on an unqualified opinion on something that will potentially affect you, your partner and your child's quality of life.

Get professional help buddy.
 

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So did you provide a bogus document or information that is false or misleading in a material particular in relation to:
● the application for the visa; or
● a visa that the applicant held in the period of 12 months before the application was made ?

That's the first thing I'd want to know...
 
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Discussion Starter · #5 ·
So did you provide a bogus document or information that is false or misleading in a material particular in relation to:
● the application for the visa; or
● a visa that the applicant held in the period of 12 months before the application was made ?

That's the first thing I'd want to know...
I provided the experience letter but i didnot have supporting documents because it was 8 years old. Previously i have given on immigration request new attested statement
letter from the employer but they were not satisfied and cancelled my previous visa.
since i had lodged the current visa application before the cancellation and i did not provide any overseas experience in this one, so i thought that will not effect.
but i did not know the 12 months time period of cancellation.
 

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Discussion Starter · #6 ·
I had contacted few MRAs and i got two advises
1. give submissions and then go for MRT.
2. withdraw this and apply another application offshore in dec 2017( 12 months after the previous visa cancelled).

can i apply any visa to stay in australia if i withdraw this.

My concern is i have to wait offshore for more than year to be decided.
 

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Dear sir,

I got a mail from dibp today on natural justice. Here is the detail of the letter.
justify the grant of the visa. The following applicant(s) included on your application for Student (subclass 500) must satisfy the PIC 4020 requirement. This means that failure to satisfy PIC 4020 by any one of them may result in each person included in this application being refused the grant of this visa.

your visa application you declared “No” and “Yes) for the questions: ? Has the applicant, or any person included in this application, held or currently hold a visa to Australia or any other country? You answered “Yes” Given details: Nairobi Kenya

? Has the applicant, or any person included in this application, ever been in Australia or any other country and not complied with visa conditions or departed outside their authorised period of stay? You answered “No”

? Has the applicant, or any person included in this application, ever had an application for entry or further stay in Australia or any other country refused, or had a visa cancelled? You answered “No”

? Departmental records indicate that SONAIKE Olubunmi Stephen has had applications for entry for Canada and USA and he has not travelled to this countries.

Please advise when did you apply and what the outcome of the visa applications was.

On the basis of the information above, you have in fact provided false and misleading information regarding your visa history on your current visa application. Your visa application may therefore be considered for refusal on the basis that you do not meet PIC 4020.

You are therefore invited to provide a detailed written comment on any of the above information. In addition, you are requested to provide any information that relates to:

? compelling circumstances that affect the interests of Australia; or

? compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen .

Timeframe for response You must respond to this invitation to comment within 28days after you are taken to have received this letter. You should provide your response in writing..

I was out of the country when my spouse made the visa application and was not ask if such a situation has occurred before.

What do u advise me to do
 

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Hey guys , I m new to this forum and looking for some valuable advice since I received a NJ letter on 9/7/2018. They have raised the following points and I have mentioned my reason with each point.
1. They showed my photo to some neighbor businesses and no one recognised me.
- I don’t know whom they asked but the reality is it’s been many years I’m working in this institute and the location is so crowded and have many ways to reach there, I normally use a shortcut street and also, never interacted with any of local shopkeepers, as I m very reserved in nature and don’t like to make unnecessary contacts. As, you may know in India people take it to other level if you are open with others.Moreover, there is drastic change in me(picture attached for reference) sometimes people do get confuse. Furthermore,I rejoined this company after four years of gap. Further my designation is facility manager, so never felt any need to interact anybody outside my workplace.

2. then they pointed that referee stated that I joined the company in 2011, then took a gap of about a year and rejoined. But I worked from 2007 till 2011, then went to UK for 4 years and rejoined in 2015 till date.Mr Satpal stated this only and said she left in 2011 and rejoined in 2015, He also showed copies of my experience certificates and answered accordingly.It might have misunderstood.

3. Further they said, I advised that there are 4 other employees with names while Mr Satpal said 9-10 employees at different designations.
Here I mentioned the employees who were present at that time and one who was on an informed leave and not the total number of employees work there. I have also explained to officer that because of some major health problems to our owner, institution faced a downfall and because of that some of employees left without any information and didn’t joined back but they didn’t officially resigned either, and on other side Mr Satpal mentioned all who were in record and not explained the whole situation. So, at that time I was not aware who all he still kept in record and mentioned only those I was sure about.

4. We were sitting next to the stairs that students were using to enter their classroom. At that time officer pointed in that direction and asked how many students were there, thus, on asking about the number of students I said currently 15 students are taking classes upstairs of mobile repairing. But to the other officer, Mr Satpal mentioned total number of registered students i.e 40-45 students including students that were enrolled for other courses that NEC institute offers or will join after sometime and I only mentioned the students that were currently present in the class of mobile repairing at that time. Moreover, to keep the exact information about number of registered students is not part of my work duties also.

5. Then, I said I get salary in account, my mistake is I didn’t say in form of a cheque. And manager said they give me salary cheque. My point here was that my salary is credited in my account, the way is through cheque. Also, he always gave me crossed cheque which is equivalent to getting the salary in bank account.
To support this I have scanned cheques for last 6-7 months.

6. Further they said, referee was unable to find any evidence of attendance and also stated that attendance is not maintained since June 2017, which is totally a wrong statement. Referee has provided the attendance record from year 2015 till June 2017 to the officer, which she checked properly and also clicked the pictures of the same attendance registered on her own and I didn’t send any attendance record via email. Also, referee didn’t say that record is not maintained since June 2017, instead he said because of his health issues he couldn’t maintained it himself, so one of our staff was doing it and she was not present that day and we couldn’t find the register and requested officers to wait for few minutes until we find it, on that, lady officer said that they have to leave and its fine as she has already checked the other register, so its alright. Then I requested them to provide the email address if they are getting late and can’t wait so that I can send them the scanned copy of register when we find. She provided the email address but found that the domain name of that email address was not correct at the time I tried to send the attendance next day on 20/1/2018. I was confused if she did it purposely or its just a mistake. Hence, I didn’t send any attendance through email, they checked that register physically and clicked the records of June 2017, March 2017, July 2016, April 2015.

7. And lastly for job duties, they feel that my workplace is small and my occupation is Facilities Manager, so according to them scope of duties are limited as per the size of business. But on my experience letters I only mentioned duties I perform on daily basis and those are not any technical duties which will come with any paper records that I can show them to prove. Here I am really confused.

I am already registered with a MARA agent but still need advice from you guys that can help me to prepare my reply even better and prompt.

Thanks
 

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I am already registered with a MARA agent but still need advice from you guys that can help me to prepare my reply even better and prompt.
Wouldn't you be better off letting your agent do their job? I don't think they'd be too happy with you second-guessing them with advice from an online forum.
 
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I am already registered with a MARA agent but still need advice from you guys that can help me to prepare my reply even better and prompt.
Wouldn't you be better off letting your agent do their job? I don't think they'd be too happy with you second-guessing them with advice from an online forum.
Dear friend, I appreciate your concern, at right now for me getting valuable and experienced advice from anyone is more important than just keeping my agent happy. A good suggestion from a fellow here can help to improve my situation, someone with their experience can give me a point which we might can miss. So its just about suggestions not asking someone to do the whole process for me.
Thanks
 

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Dear friend, I appreciate your concern, at right now for me getting valuable and experienced advice from anyone is more important than just keeping my agent happy. A good suggestion from a fellow here can help to improve my situation, someone with their experience can give me a point which we might can miss. So its just about suggestions not asking someone to do the whole process for me.
Thanks
With respect, the issues brought up in the PIC 4020 letter should be addressed in great detail. Typically you would leave that sort of work to a professional. The fact that you feel it necessary to go on a public forum with such a complex issue does suggest you have no faith in the abilities of your agent. Considering how much is at stake here I find that rather odd.

Note also that people who are not registered migration agents may share their experience (which may have little relevance to your particular situation), but are not allowed to provide migration advice.
 

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Dear friend, I appreciate your concern, at right now for me getting valuable and experienced advice from anyone is more important than just keeping my agent happy. A good suggestion from a fellow here can help to improve my situation, someone with their experience can give me a point which we might can miss. So its just about suggestions not asking someone to do the whole process for me.
Thanks
With respect, the issues brought up in the PIC 4020 letter should be addressed in great detail. Typically you would leave that sort of work to a professional. The fact that you feel it necessary to go on a public forum with such a complex issue does suggest you have no faith in the abilities of your agent. Considering how much is at stake here I find that rather odd.

Note also that people who are not registered migration agents may share their experience (which may have little relevance to your particular situation), but are not allowed to provide migration advice.
Much thanks for your help mate.
 
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