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Reshmasyd

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  1. 1. I had applied for Skilled - Independent (Points-Tested) (subclass 189) visa in 2016 on the ground of studies & employment in overseas as Software Engineer. But Immigration authorities found that the organization is so small, hence, did not meet the standard required and raised several concern over giving any due credit to my employment in overseas for grant of visa under subclass 189. They had issued Natural Justice Letter (S-57) inviting comments/explanation about the concerns raised therein. 2. Keeping in view their findings, I preferred to withdraw my application keeping in mind that I will apply for another skill assessment without using those employment so as to avoid any further concern as I had already completed my Masters in IT from Sydney University and was pursuing my Professional Year which was due to get completed in the year 2017. 3. After completion of my studies in Australia and Professional Year, I again applied for skill assessment certificate before Australian Computer Society (ACS) afresh under the provisions of Post Australian Study Skill Assessment which was to be assessed purely on the basis of my post Australian studies only and no credit was to be given to my employment in overseas which had occurred prior to the relevant Australian degree. 4. This time, I had not submitted or provided any documents to ACS relating to my employment in overseas. But ACS has mentioned those employment details in my skill assessment certificate and when I raised this concern before them, they cited the reason that it got mentioned in the certificate because I had provided the information in 2015/2016 and it cannot be omitted, removed or deleted at any later stage/in any subsequent certificate. I have written many emails to ACS raising this concern that my skill assessment was strictly to be done on the basis of my post Australian studies. As per the ACS website, under the Post Study Australian skill assessment, only employment experiences after the relevant Australian degree are to be considered. Then why did any employment details prior to completion of my studies in Australia are mentioned in the skill assessment certificate. ACS has mentioned that I could claim points for those experiences. I think this is quite opposite to what is mentioned in the ACS website. 5. Mention of this fact in skill assessment certificate by ACS mislead the Case Officer and he is now of the opinion that I have obtained the skill assessment certificate issued in 2018 on the basis of my employment in overseas which had already been tested by the Immigration Authorities and found not suitable or substandard. 6. Now, in view of Immigration Authorities, there is no material difference between skill assessment certificate dated 2016 & 2018 and they have been issued on the similar grounds. But the fact is that the first skill assessment certificate (2016) was issued on the ground of employment in overseas while the second skill assessment certificate (2018) has been issued on the basis of post Australian Studies and Professional Year. 7. Natural Justice Letter (S-57) dated 20.06.2019 has been issued to me and I have been asked to submit my comments latest by 16th July 2019.
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