robdec23 Posted October 7, 2016 Share Posted October 7, 2016 Hi Just a quick question, if a migration agent forgets to upload a document for my nomination and it gets refused. Is she responsible for that or not? Can ****** pass the buck on to the immigration officer stating that it's stupid to refuse it withut asking any further documents? Please Help Its about somebody's life, money and time. Thanks in advance Quote Link to comment Share on other sites More sharing options...
Wei Shu Posted October 7, 2016 Share Posted October 7, 2016 Q: Just a quick question, if a migration agent forgets to upload a document for my nomination and it gets refused. Is she responsible for that or not? A: It depends, of cause everyone makes mistakes, we all human being. Q: Can ****** pass the buck on to the immigration officer stating that it's stupid to refuse it withut asking any further documents? A: Immigration officer usually do request for further documents, not sure for what reason s/he didn't ask for, however it will not breach procedural fairness if decided not to, unless it is an offshore visa application. Q: Please Help Its about somebody's life, money and time. A: Sure it is. Since it has already happened, your employer may just re lodge it, make sure to upload all documents and move on. It is best way to approach in my opinion. Hi Just a quick question, if a migration agent forgets to upload a document for my nomination and it gets refused. Is she responsible for that or not? Can ****** pass the buck on to the immigration officer stating that it's stupid to refuse it withut asking any further documents? Please Help Its about somebody's life, money and time. Thanks in advance Quote Link to comment Share on other sites More sharing options...
robdec23 Posted October 8, 2016 Author Share Posted October 8, 2016 Thank you Wei Shu for your replying It depends, of course everyone makes mistakes, we all human being. No doubt, everyone makes mistakes but if you hire someone for something to do and you pay them a good money, what do you expect from them? A good result but i know its not always you get the result in your favour. But if it will be the mistake of the person you hired what do you expect from them? Do you just spend some extra money from your pocket to do it all over again or do you ask for compensation? PS Sorry I am not being rude or arguing with you just trying to make things clear. Immigration officer usually do request for further documents, not sure for what reason s/he didn't ask for, however it will not breach procedural fairness if decided not to, unless it is an offshore visa application. It's not always a case officer will ask you for the documents. They may make a decision on a application without requesting additional information. One should provide with all the information that is relevant. Anyone can read this on their acknowledgement letter of their nomination or visa application on PROVIDING DOCUMENTS section. Sure it is. Since it has already happened, your employer may just re lodge it, make sure to upload all documents and move on. Everyone knows how hard it is to earn money. I can re lodge my application but at least the agent should have guilt trip and do apologies and compensate for not charging their fees or whatever. But instead passing the blame to the case officer is totally absurd. I don't know whether i am right or wrong but that thing really pissed me off so i will take this thing to MARA. Thank you Quote Link to comment Share on other sites More sharing options...
robdec23 Posted October 8, 2016 Author Share Posted October 8, 2016 Moreover how one will feel, if the agent forgets to upload business financial document. Quote Link to comment Share on other sites More sharing options...
Wei Shu Posted October 8, 2016 Share Posted October 8, 2016 So the sponsorship been approved but nomination, or sponsorship been refused and nomination deemed to be disposed of? Financial documents more relevant to sponsorship application. Is the sponsoring business approved sponsor or it was a fresh application for sponsorship approval? Who is your agent's client so far? Moreover how one will feel, if the agent forgets to upload business financial document. Quote Link to comment Share on other sites More sharing options...
robdec23 Posted October 8, 2016 Author Share Posted October 8, 2016 Thank you for your prompt reply Wei Shu. I had applied for 187 visa last year. Last week the nomination file was refused because my agent forgot to upload the financial documents. I have 21 days to withdraw my application or my visa application will be refused automatically. I am on bridging visa C now. If i go for MRT for my visa and nomination what bridging visa will i hold and in between the MRT if i apply for 187 from another employer, do i have to go offshore and apply like Fly out and fly in Or i can't come back until my 187 is approved. Thanks in advance Quote Link to comment Share on other sites More sharing options...
robdec23 Posted October 8, 2016 Author Share Posted October 8, 2016 And also i really want to take this to MARA coz it's not fair. We pay a big money for our application and because of the negligence of the agent we have to go thru this hard times. Thank you Quote Link to comment Share on other sites More sharing options...
Wei Shu Posted October 8, 2016 Share Posted October 8, 2016 (edited) I see, it was a RSMS-PR, nomination and visa application, not 457. If you apply for review, then your BVC will not ceased until 28 days after the AAT decision if not in your favour. If you go for another employer, and fly out to apply for your visa, then you will have to wait outside until the visa been granted, and you can not apply onshore. Why on BVC? Thank you for your prompt reply Wei Shu.I had applied for 187 visa last year. Last week the nomination file was refused because my agent forgot to upload the financial documents. I have 21 days to withdraw my application or my visa application will be refused automatically. I am on bridging visa C now. If i go for MRT for my visa and nomination what bridging visa will i hold and in between the MRT if i apply for 187 from another employer, do i have to go offshore and apply like Fly out and fly in Or i can't come back until my 187 is approved. Thanks in advance Edited October 8, 2016 by Wei Shu Quote Link to comment Share on other sites More sharing options...
robdec23 Posted October 8, 2016 Author Share Posted October 8, 2016 Thanks for your reply. If i go for mrt now for my application to buy some time, and after some months i withdraw my mrt and apply for 187 with another employer. How does it work? Can i apply onshore o not? If i can which bridging visa will i hold ? Thanks Quote Link to comment Share on other sites More sharing options...
robdec23 Posted October 8, 2016 Author Share Posted October 8, 2016 According to the immigration refusal letter, it says that no financial documents has been provided. It is the agent's responsibility to ask the documents and upload it, rather than waiting for the case officer to ask for the MUST documents. Don''t you think it's an agent's error? Quote Link to comment Share on other sites More sharing options...
Wei Shu Posted October 8, 2016 Share Posted October 8, 2016 By the way, it is Departmental new policy not to make request for further documents for ENS, RSMS applications, which started about a month ago or so, your agent may not aware of that it must be a decision ready application or likely to be refused. Quote Link to comment Share on other sites More sharing options...
robdec23 Posted October 8, 2016 Author Share Posted October 8, 2016 Mine's a lawyer. Still they are saying it's immigration fault. I will take this to MARA and see what will happen. Thank you for all your help. Much Obliged. A last question If i go for mrt now for my application to buy some time, and after some months i withdraw my mrt and apply for 187 with another employer. How does it work? Can i apply onshore or not? If i can which bridging visa will i hold ? Thanks Quote Link to comment Share on other sites More sharing options...
Wei Shu Posted October 8, 2016 Share Posted October 8, 2016 No further application can be made onshore after a decision to refuse your RSMS application has been made, you only have 21 days (as per your post), otherwise you will have to lodge offshore. Mine's a lawyer. Still they are saying it's immigration fault. I will take this to MARA and see what will happen.Thank you for all your help. Much Obliged. A last question If i go for mrt now for my application to buy some time, and after some months i withdraw my mrt and apply for 187 with another employer. How does it work? Can i apply onshore or not? If i can which bridging visa will i hold ? Thanks Quote Link to comment Share on other sites More sharing options...
Raul Senise Posted October 9, 2016 Share Posted October 9, 2016 Hi Just a quick question, if a migration agent forgets to upload a document for my nomination and it gets refused. Is she responsible for that or not? Can ****** pass the buck on to the immigration officer stating that it's stupid to refuse it withut asking any further documents? It is difficult to answer without knowing all the facts. The reality is that it is not Immigration's job to provide instructions and request further documents, especially fundamental documents. According to the immigration refusal letter, it says that no financial documents has been provided. It is the agent's responsibility to ask the documents and upload it, rather than waiting for the case officer to ask for the MUST documents. Don''t you think it's an agent's error? Generally they will ask for further documents if there is an issue which requires clarification. They often will not request further documents if it is fundamental or basic documentation which should have been provided on application. It has become standard practice for the ENS/RSMS section not to request basic documents and make decisions on what is provided. Quote Link to comment Share on other sites More sharing options...
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