Skilled (Migrant) (Class VE) Subclass 176 (Skilled Sponsored)

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  • 1 Post By nirmaljayakody

Skilled (Migrant) (Class VE) Subclass 176 (Skilled Sponsored)

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Old 09-24-2012, 10:16 AM
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Join Date: Aug 2012
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Users Flag! From srilanka

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Thumbs up Do not do the same mistake like alerted in all areas even after Lodging app

Hi Everyone!
Skilled (Migrant) (Class VE) Subclass 176 (Skilled Sponsored)

To make it short, My wife (a Hairdresser) applied for above mentioned visa (offshore) in 2011, July. Very sadly, at its final stage, when DIAC called to check the employment reference her employer hasn't been able to give the proper feedback and we had being offered with Natural Justice and asked to comment on that.
At that time my wife was 34 weeks pregnant and was absent for work as her Doctor's advises.

We sent the DIAC every possible genuine docs claiming our genuineness at the earliest including independent third party documents. Yet, the Case Officer neglected all that and sent the refusal letter 2012 January with that SPECULATED piece of mind.

We didn't stop there. We needed to prove our genuineness in this travesty of justice. Hence, We lodged a case with the Department of Labor in our country and got the employer to answer his improper/ irresponsible conduct at the time of call from the DIAC which had led my wife to face great stressed events during her pregnancy and finally ,to the visa being rejected. So, we managed to win the case, labor office vs our employer, and we obtained all the documents related to this, so that, we can use them to prove our genuineness (because, the case officer's sole argument was that we had not convinced her to believe our claims since we had not presented her, the third(3) party documents disregarding an independent third party documents from a Govt hospital with a letterhead being improperly discriminatory/bias/ speculated) Also to add this, employer was not paying his contribution for mu wife's EPF(Employee Trust Fund equal to SUPER) and Labor office managed to get the sum which was due and got paid it my wife's account at The Reserve Bank. Consequently, we now have the letter from RB, the statement of EPF contribution to the relevant period (for 2+ years) of time by my wife's employer.

With that strong evidence, we lodged a FEEDBACK to the Global Feedback Unit (GSM, Adelaide). Very unfortunately, the guys refused saying..QUOTE As you will be aware, case officers will often refer, amongst other things, employment claims to the local DIAC mission for verification, in particular when the application fits a profile which historically has had high levels of fraud. The local mission will investigate the claims using local knowledge and access to information that is not available to the case officer. They will then report their findings to the case officer to consider. When adverse information is received from the mission, the client is afforded an opportunity to comment and support their claims with further evidence. On receipt of the response, the case is reconsidered on the basis of all information that is at hand and a decision is made in accordance with section 65 of the Migration Act. There is no power in the Migration Act to revisit or remake a decision, even if a mistake has been made. In fact, s69 prevents officers from doing so. In most circumstances, remaking a decision is an unlawful exercise of power. UNQUOTE

Now we have sent all these feedback information plus file full of documents to the Commonwealth of Ombudsmen (in St. Kilda Rd, Melbourne Office) since we have exhausted with every available channels with DIAC.

We are very much sure that the Ombudsmen will treat us with Justice.
Thank you all for your time reading this.

Please send me your thoughts about this. Would really appreciate all the help I can get from here.


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Last edited by nirmaljayakody; 09-24-2012 at 01:03 PM. Reason: well suits the amended topic to its content

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