Unfair decision

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Unfair decision


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  #1 (permalink)  
Old 02-22-2015, 02:24 PM
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Exclamation Unfair decision

Hello everyone
My application of subclass 858 was refused on a very unfair and unjust reason.
Refusal Reason : "In addition to evidence provided, a search was undertaken on the internet, however, the results of the search did not present any information of material relevance to support the applicant’s claims of internationally recognised achievements. Therefore I have not considered my search or results further"

In same refusal reason department section says

"The internet is an important source of additional material and a method of confirming the accuracy of any claims made. Any adverse or conflicting information obtained from this source should be put to the applicant for comment."

My case was merely refused on Internet source without asking my comment and immigration law itself contrast the refusal reason. Please advice what would be my standing if I go for MRT when all my matrial evidence are perfect and doses meet the subclass according to refusal.


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Old 02-22-2015, 09:14 PM
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Quote:
Originally Posted by Rana Rana View Post
Hello everyone
My application of subclass 858 was refused on a very unfair and unjust reason.
Refusal Reason : "In addition to evidence provided, a search was undertaken on the internet, however, the results of the search did not present any information of material relevance to support the applicant’s claims of internationally recognised achievements. Therefore I have not considered my search or results further"

In same refusal reason department section says

"The internet is an important source of additional material and a method of confirming the accuracy of any claims made. Any adverse or conflicting information obtained from this source should be put to the applicant for comment."

My case was merely refused on Internet source without asking my comment and immigration law itself contrast the refusal reason. Please advice what would be my standing if I go for MRT when all my matrial evidence are perfect and doses meet the subclass according to refusal.
A mere internet search is not enough. However, if it was a search to confirm if you were a member of a given organisation you may have indicated on your application, and that wasn't verified, then they have a point.

You can argue that many third world countries, achievements are usually not on the Internet, they could be in newspapers or local bulletins, as technology is not that advanced. Furthermore, you can argue that the search may not have come up as it was in your native text, not in English.

Maybe their search was not thorough enough and you may not come up on the first few pages of a google search. You try and search yourself and see what you get. If you get something, screenshot it and make an appeal.

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Old 02-22-2015, 09:16 PM
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It also says 'should be put to the applicant for comment'. You were refused before you could comment so they have contravened the laws.

Take this further please.

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Old 02-22-2015, 09:23 PM
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@amandy
Really appreciete and thanks for you replies
And to be honest this is my biggest concern that how can my CO refused straightway without asking my comments and in addition internet links does confirm my claims which I already provided to MRT.


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Old 02-22-2015, 09:26 PM
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You even supplied them with links and they were not happy? That's pathetic.
Do they expect to google you and you come up on the first page or on Wikipedia? I thought DIBP are smarter than that.
Do whatever you can to take this further.

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Old 02-22-2015, 09:31 PM
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No actually I never gave DIBP internet links in application but when I saw refusal which was merely based internet source I wad amazed how can my CO refused when if you google me I am on first page in three links.
Now I provide these three links to MRT.


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Old 02-22-2015, 09:32 PM
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If you've claimed you have earned internationally recognised achievements, then you would expect to find relevant information about you on the internet. If information isn't there, then they can base their decision on that. Their response says they will ask you to comment if they find conflicting information. If they didn't find any information, that's not the same thing.

I'd suggest you speak with a migration agent if you want to pursue this further.

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Old 02-22-2015, 09:39 PM
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Quote:
Originally Posted by Rana Rana View Post
No actually I never gave DIBP internet links in application but when I saw refusal which was merely based internet source I wad amazed how can my CO refused when if you google me I am on first page in three links.
Now I provide these three links to MRT.
The CO may have even made a spelling mistake when searching and not found anything. Happens unfortunately. They don't make the effort. They would invest more time into an internet search for a restaurant.

Sucks that you have to appeal this. But if that was theethe only thing, nothing an appeal can't sort.

Good luck.

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Old 02-22-2015, 10:40 PM
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Quote:
Originally Posted by Rana Rana View Post
Hello everyone
My application of subclass 858 was refused on a very unfair and unjust reason.
Refusal Reason : "In addition to evidence provided, a search was undertaken on the internet, however, the results of the search did not present any information of material relevance to support the applicant’s claims of internationally recognised achievements. Therefore I have not considered my search or results further"

In same refusal reason department section says

"The internet is an important source of additional material and a method of confirming the accuracy of any claims made. Any adverse or conflicting information obtained from this source should be put to the applicant for comment."

My case was merely refused on Internet source without asking my comment and immigration law itself contrast the refusal reason. Please advice what would be my standing if I go for MRT when all my matrial evidence are perfect and doses meet the subclass according to refusal.
Hi
I doubt your applicators was refused merley on lack of internet information, but rather you failed to provide adequate documentation to support your claim of international recognition.
Remember it is imperative that the applicant "sells" themselves by providing overwhelming evidence to support their application, and that includes urls to any web site that may backup your claims.
You don't mention the field of your outstanding talent, did you include statements from your peers or institutions in Australia who were aware of your achievements?

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Last edited by aussiesteve; 02-22-2015 at 10:50 PM.

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Old 02-22-2015, 11:07 PM
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Quote:
Originally Posted by Rana Rana View Post
Hello everyone
My application of subclass 858 was refused on a very unfair and unjust reason.
Refusal Reason : "In addition to evidence provided, a search was undertaken on the internet, however, the results of the search did not present any information of material relevance to support the applicant’s claims of internationally recognised achievements. Therefore I have not considered my search or results further"

In same refusal reason department section says

"The internet is an important source of additional material and a method of confirming the accuracy of any claims made. Any adverse or conflicting information obtained from this source should be put to the applicant for comment."

My case was merely refused on Internet source without asking my comment and immigration law itself contrast the refusal reason. Please advice what would be my standing if I go for MRT when all my matrial evidence are perfect and doses meet the subclass according to refusal.
It is up to the applicant to provide all the supporting evidence to be relied upon when lodging an application. There is no requirement for case officers to seek further information, although they sometimes do. There is no requirement for them to be fair or reasonable, all they are required to do is make a genuine effort to exercise jurisdiction by considering what has been put before them. Case officers do not have to send a 'Natural Justice' letter inviting comment about adverse information, but the MRT must, and does.

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