pih5ped Posted July 17, 2015 Share Posted July 17, 2015 Hello, On 2010, our family's nomination was refused, at that time we were a missionary and it was the money issue, and since the age limit was 45, we had no option other than a merits review and waited 3 years until for a response by the Department for the tribunal...which was affirm. After that, one of the members recommended to my father to intervene to the Minister, which got refused again and we were sent home, with a ban. But we applied again for a different place and the nomination got rejected last week because of the contracts issue. Which is shocking as we lived for 10 years in Aus. And I am only 16 BTW. Our MA mentioned about a secret "black list" kept for people who intervened to the Minister. Is that correct? Link to comment Share on other sites More sharing options...
Bungo Posted July 17, 2015 Share Posted July 17, 2015 Hello, On 2010, our family's nomination was refused, at that time we were a missionary and it was the money issue, and since the age limit was 45, we had no option other than a merits review and waited 3 years until for a response by the Department for the tribunal...which was affirm. After that, one of the members recommended to my father to intervene to the Minister, which got refused again and we were sent home, with a ban. But we applied again for a different place and the nomination got rejected last week. Which is shocking as we lived for 10 years in Aus. And I am only 16 BTW. Our MA mentioned about a secret "black list" kept for people who intervened to the Minister. Is that correct? I expect you just didn't meet the criteria for the visa? But your post is very cryptic so hard to say really. Link to comment Share on other sites More sharing options...
pih5ped Posted July 17, 2015 Author Share Posted July 17, 2015 Is there such a thing called the "hidden black-list"? Apparently our nominee had a similar problem Link to comment Share on other sites More sharing options...
Bungo Posted July 17, 2015 Share Posted July 17, 2015 Is there such a thing called the "hidden black-list"? Apparently our nominee had a similar problem Well if it is hidden, how would anyone on PIO know?! And I still expect you didn't meet the criteria for the visa. Link to comment Share on other sites More sharing options...
pih5ped Posted July 17, 2015 Author Share Posted July 17, 2015 Contracts problem. Don't really know how though How do you make a 2 year contract when you don't know when the VISA will be granted? Link to comment Share on other sites More sharing options...
Guest Posted July 17, 2015 Share Posted July 17, 2015 Sadly if you don't meet the criteria for the visa nothing will change it being rejected. Link to comment Share on other sites More sharing options...
pih5ped Posted July 17, 2015 Author Share Posted July 17, 2015 I meant the nomination being refused. Which will reject the VISA app being seen. It was the contracts problem. How can you make a contract when a date is not confirmed? Has anyone done the same? Where they ask the contract explained? Link to comment Share on other sites More sharing options...
Bungo Posted July 17, 2015 Share Posted July 17, 2015 I meant the nomination being refused. Which will reject the VISA app being seen. It was the contracts problem. How can you make a contract when a date is not confirmed? Has anyone done the same? Where they ask the contract explained? You really need to explain yourself more clearly for any kind of meaningful comments. What visa was being applied for? What was a contracts problem? You have mentioned being missionarys and something about being 45, none of which I can piece together into any kind of story. Link to comment Share on other sites More sharing options...
pih5ped Posted July 17, 2015 Author Share Posted July 17, 2015 Sorry for the terribly written piece - My family came to Aus as missionaries, and lived as that for 4 years, then my father decided to apply for a PR as he was approaching 45, the age limit. But the nomination from our organization, where we lived for 9 years, was refused because of money issue. - As my father was old for the PR, we went to the tribunal to discuss this matter. Which took almost 3 years, just to get our nomination refused again. Then moved to the Minister recommended by the court member or something. - Intervention was refused again and our family was sent home. Which devastated me, and decided to go to the office in Melbourne because of my emotions. - Re applied for a PR because we were eligible. - Nomination part was refused because of the contract problem, where it did not express the 2 years properly. Really devastated because of all the stuff we left if we came back Link to comment Share on other sites More sharing options...
blossom Posted July 17, 2015 Share Posted July 17, 2015 It sounds more like the contact didn't meet the requirements for the visa. I'm on a RSMS and my contract date was from the time we applied for the visa. It is actually very easy to get around the 2 year contact thing. They give you a PERMANENT contract which doesn't have an expiry. Most jobs which have an expiry date is because they are not permanent. Link to comment Share on other sites More sharing options...
pih5ped Posted July 17, 2015 Author Share Posted July 17, 2015 Do they request it? At the end or was it submitted alongside? Link to comment Share on other sites More sharing options...
pih5ped Posted July 17, 2015 Author Share Posted July 17, 2015 Better question Can Ministerial Intervention give you a 3 year bar of making any sort of VISAs? Link to comment Share on other sites More sharing options...
bristolman Posted July 17, 2015 Share Posted July 17, 2015 I think maybe you are reading between lines that aren't there perhaps. Could it just be as simple as not being eligible for the visa ? Link to comment Share on other sites More sharing options...
Nemesis Posted July 18, 2015 Share Posted July 18, 2015 Sorry for the terribly written piece - My family came to Aus as missionaries, and lived as that for 4 years, then my father decided to apply for a PR as he was approaching 45, the age limit. But the nomination from our organization, where we lived for 9 years, was refused because of money issue. - As my father was old for the PR, we went to the tribunal to discuss this matter. Which took almost 3 years, just to get our nomination refused again. Then moved to the Minister recommended by the court member or something. - Intervention was refused again and our family was sent home. Which devastated me, and decided to go to the office in Melbourne because of my emotions. - Re applied for a PR because we were eligible. - Nomination part was refused because of the contract problem, where it did not express the 2 years properly. Really devastated because of all the stuff we left if we came back This still doesn't make much sense! you can't get a visa decision changed because of your emotions, not through any office. When you say the nomination was refused due to a money issue -what money? Did the nominating company not make enough money, or not offer a large enough salary?g What visa class were your family applying for? Is it a skilled independent visa (189) or something else? I can't imagine missionaries are a real skill in demand in Oz! Link to comment Share on other sites More sharing options...
pih5ped Posted July 18, 2015 Author Share Posted July 18, 2015 - 186 - Yes I know, just that I wanted to find a way back - Complex, I am not the applicant Link to comment Share on other sites More sharing options...
rammygirl Posted July 18, 2015 Share Posted July 18, 2015 As part of the application a contract should have been provided. It is a requirement, everyone does it. You may need to seek advice from an agent. Link to comment Share on other sites More sharing options...
MaggieMay24 Posted July 18, 2015 Share Posted July 18, 2015 A 186 visa requires a contract of employment which would typically include a start date and either an end date or statement that it's a permanent position. The start date would typically be a fixed date, perhaps followed by "the start date will be confirmed upon the grant of your visa". We do this for 457 visas with no issue. I remember a year or more ago there was talk of a black-list of migration agents who had a reputation for submitting bogus applications so they got more scrutiny, but whether this is true or not I have no idea. Link to comment Share on other sites More sharing options...
blossom Posted July 18, 2015 Share Posted July 18, 2015 Yes, I've heard of the migration agent blacklist, but I think that just means the application is scrutinised more, not that people would just be refused. Link to comment Share on other sites More sharing options...
Marisawright Posted July 18, 2015 Share Posted July 18, 2015 - My family came to Aus as missionaries, and lived as that for 4 years, then my father decided to apply for a PR as he was approaching 45, the age limit. But the nomination from our organization, where we lived for 9 years, was refused because of money issue. - As my father was old for the PR, we went to the tribunal to discuss this matter. Which took almost 3 years I can understand your distress as you're so young and have spent most of your life in Australia - but the only reason your family was in Oz for so long was they were trying to get around the visa restrictions. Immigration can't allow that as a reason to stay, as it would encourage applicants to use endless delaying tactics and appeals until they could say "I've been here so long, you must let me stay". As for the current application for PR - if there was a mistake in the application that's why it was rejected, nothing to do with a blacklist - unless your family stayed in Australia illegally at some point? Link to comment Share on other sites More sharing options...
pih5ped Posted July 18, 2015 Author Share Posted July 18, 2015 I heard that the child's problems (which I was the secondary applicant) may be a consideration to the Minister during the Intervention Also, does the refusal of Ministerial Intervention gives something bad in return? Link to comment Share on other sites More sharing options...
MaggieMay24 Posted July 18, 2015 Share Posted July 18, 2015 I think any consideration for dependent children would be for situations where it caused them to be separated from one of the parents, which wouldn't apply in your situation. If your father's employer still wants to nominate him for a PR visa, they would need to start over and ensure they meet all the criteria. Link to comment Share on other sites More sharing options...
blossom Posted July 19, 2015 Share Posted July 19, 2015 I heard that the child's problems (which I was the secondary applicant) may be a consideration to the Minister during the Intervention Also, does the refusal of Ministerial Intervention gives something bad in return? I can guarantee you that they won't change their mind just because you don't want to leave. It would have to be a very unusual situation for that to count, like one of your parents being an Oz citizen but your other parent having no pathway to PR. Your parents are better off trying to find out the actual reason the visa was refused and addressing that. They need a good migration agent. If they have been using on it sounds like they might not be much good. Link to comment Share on other sites More sharing options...
Quinkla Posted July 19, 2015 Share Posted July 19, 2015 There may well be a blacklist, but if there is, it would be based on ASIO advice about organised crime, people trafficking and political extremism. Applying to the Minister for him to use his discretion is not going to get you onto a blacklist. When ministers have discretionary powers, they expect to be asked to use them. Their Departments employ people to prepare case material and make recommendations. If nobody applied, those people preparing case material would be out of a job - so they're not going to be aggrieved at the application. Unless you or your family have some seriously dodgy connections, you aren't going to be on a blacklist. Link to comment Share on other sites More sharing options...
rammygirl Posted July 19, 2015 Share Posted July 19, 2015 Oh and yes people do get nominations and visas refused. They are refused if they do not meet all the criteria, or cannot provide evidence that they do. It really is that simple, for a 186 both the employer and the applicant must provide evidence that they meet the clear criteria as set out in the application procedure. They really do not discriminate in they way you are describing. it seems that your employers have not provided what has been asked for. Link to comment Share on other sites More sharing options...
Raul Senise Posted July 19, 2015 Share Posted July 19, 2015 Better question Can Ministerial Intervention give you a 3 year bar of making any sort of VISAs? Yes, that is the risk of seeking Ministerial Intervention. If an Agent lodged the Ministerial Intervention, they should have warned you of this. It has nothing to do with "black lists". Your matter sounds very complex and you are unlikely to obtain any meaningful answers based on the minimum information you have given. Link to comment Share on other sites More sharing options...
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