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peyotemix

Compensation for Detriment caused by Defective Administration

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Hi guys,

I just came across this link:

https://archive.homeaffairs.gov.au/about/contact/provide-feedback/compliments-complaints-suggestions/claiming-compensation-from-us

Does anyone know if is possible (or ever tried) to claim compensation from the Department of Home Affairs & AAT for Detriment caused by Defective Administration?

For example:

- extended delays went way over the "forecasted deadlines of AAT calendar"

-  unfair refusal decisions from the Department without asking supporting evidence

 

 

 


Occupation: Architectural Draftsperson
State: NSW
Birth Country: LR
Stream: 186 TRT (Onshore)
Number of applicants: 2
ENS 186 Visa and Nomination applied: July 2017
Nomination refused: December 2017

AAT appeal lodged: December 2017
Application status: waiting for AAT decision

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I don't now where you found that address but I could not access it.

401 UNAUTHORIZED

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11 minutes ago, MARYROSE02 said:

I don't now where you found that address but I could not access it.


401 UNAUTHORIZED

try this:

https://www.homeaffairs.gov.au/help-and-support/claiming-compensation-from-us

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Occupation: Architectural Draftsperson
State: NSW
Birth Country: LR
Stream: 186 TRT (Onshore)
Number of applicants: 2
ENS 186 Visa and Nomination applied: July 2017
Nomination refused: December 2017

AAT appeal lodged: December 2017
Application status: waiting for AAT decision

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On 18/06/2019 at 09:12, peyotemix said:

Hi guys,

I just came across this link:

https://archive.homeaffairs.gov.au/about/contact/provide-feedback/compliments-complaints-suggestions/claiming-compensation-from-us

Does anyone know if is possible (or ever tried) to claim compensation from the Department of Home Affairs & AAT for Detriment caused by Defective Administration?

For example:

- extended delays went way over the "forecasted deadlines of AAT calendar"

-  unfair refusal decisions from the Department without asking supporting evidence

 

 

 

A forecast is just a forecast, no chance there.

The Department are not obliged to ask for additional information if they consider they have enough to make a decision - it is the applicants job to ensure they make their case.  Again, little chance of compensation i think.


PR (100) planning to move to Perth by then end of 2019!

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The Department are not obliged to ask for additional information if they consider they have enough to make a decision - it is the applicants job to ensure they make their case.

That is correct and except for some 'protection' visas there is no legislated requirement for the minister to process an application within any particular time.


Westly Russell Registered Migration Agent 0316072 www.pinoyau.com

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8 hours ago, Jon the Hat said:

A forecast is just a forecast, no chance there.

The Department are not obliged to ask for additional information if they consider they have enough to make a decision - it is the applicants job to ensure they make their case.  Again, little chance of compensation i think.

maybe, i guess it depends how brave your are and how far you want to take it .... 


Occupation: Architectural Draftsperson
State: NSW
Birth Country: LR
Stream: 186 TRT (Onshore)
Number of applicants: 2
ENS 186 Visa and Nomination applied: July 2017
Nomination refused: December 2017

AAT appeal lodged: December 2017
Application status: waiting for AAT decision

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6 hours ago, peyotemix said:

maybe, i guess it depends how brave your are and how far you want to take it .... 

 

6 hours ago, peyotemix said:

maybe, i guess it depends how brave your are and how far you want to take it .... 

Nowt to do with bravery, its down to you probing the Dept has done something wrong. Can't see that they have from whats written here. 

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7 hours ago, peyotemix said:

maybe, i guess it depends how brave your are and how far you want to take it .... 

What does bravery have to do with it?   If the Department did not breach any laws, then you have no case.  Being brave will make no difference.

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Scot by birth, emigrated 1985 | Aussie husband applied UK spouse visa Jan 2015, granted March 2015, moved to UK May 2015 | Returned to Oz June 2016

"The stranger who comes home does not make himself at home but makes home itself strange." -- Rainer Maria Rilke

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13 minutes ago, Marisawright said:

What does bravery have to do with it?   If the Department did not breach any laws, then you have no case.  Being brave will make no difference.

the point I was trying to make is that is not fair that someone's life can be put on hold for so long, the challenge is not on the decision but on the extended delays which could cause consistent financial loss or mental stress for both nominator and nominee..

say for example you were offered a job which was paid double that what you doing now but you could not commit because waiting for a decision, and 3 years after you still waiting for that decision... I reckon it will be a very uncomfortable situation to manage...

another example, your employer is unsure of the outcome or timing of the decision and has to employ someone-else just to have a replacement in case you will have to leave the country...

I don't think someone ever challenge on this and maybe things could change for the better if someone is willing to be brave 🙂


Occupation: Architectural Draftsperson
State: NSW
Birth Country: LR
Stream: 186 TRT (Onshore)
Number of applicants: 2
ENS 186 Visa and Nomination applied: July 2017
Nomination refused: December 2017

AAT appeal lodged: December 2017
Application status: waiting for AAT decision

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1 hour ago, peyotemix said:

the point I was trying to make is that is not fair that someone's life can be put on hold for so long, the challenge is not on the decision but on the extended delays which could cause consistent financial loss or mental stress for both nominator and nominee..

The courts do not care whether it is fair or not, all they can consider is whether it breaks the law.   If you are rich enough to throw your money away on a case so you can make a point, feel free to do so.


Scot by birth, emigrated 1985 | Aussie husband applied UK spouse visa Jan 2015, granted March 2015, moved to UK May 2015 | Returned to Oz June 2016

"The stranger who comes home does not make himself at home but makes home itself strange." -- Rainer Maria Rilke

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1 hour ago, peyotemix said:

 

say for example you were offered a job which was paid double that what you doing now but you could not commit because waiting for a decision, and 3 years after you still waiting for that decision... I reckon it will be a very uncomfortable situation to manage...

 

 

 

a do you seriously believe you would still be line for that job after 3 Years?  be realistic!

 

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2 hours ago, peyotemix said:

the point I was trying to make is that is not fair that someone's life can be put on hold for so long, the challenge is not on the decision but on the extended delays which could cause consistent financial loss or mental stress for both nominator and nominee..

say for example you were offered a job which was paid double that what you doing now but you could not commit because waiting for a decision, and 3 years after you still waiting for that decision... I reckon it will be a very uncomfortable situation to manage...

another example, your employer is unsure of the outcome or timing of the decision and has to employ someone-else just to have a replacement in case you will have to leave the country...

I don't think someone ever challenge on this and maybe things could change for the better if someone is willing to be brave 🙂

The Department arent making you put your life on hold, that's a choice you are making. Immigration are very clear in their advice which says don't make irrevocable decisions to move to Australia until you have the visa in your hand. They're not in the business of making you feel good or responding to your "life on hold -Ness" and if they haven't done anything illegal then they are doing what we, the tax payers, expect of them. 

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1 minute ago, Quoll said:

The Department arent making you put your life on hold, that's a choice you are making. Immigration are very clear in their advice which says don't make irrevocable decisions to move to Australia until you have the visa in your hand. They're not in the business of making you feel good or responding to your "life on hold -Ness" and if they haven't done anything illegal then they are doing what we, the tax payers, expect of them. 

I will suggest you to consider the fact that also people on a bridging visa pay taxes...


Occupation: Architectural Draftsperson
State: NSW
Birth Country: LR
Stream: 186 TRT (Onshore)
Number of applicants: 2
ENS 186 Visa and Nomination applied: July 2017
Nomination refused: December 2017

AAT appeal lodged: December 2017
Application status: waiting for AAT decision

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8 hours ago, peyotemix said:

I will suggest you to consider the fact that also people on a bridging visa pay taxes...

Sure, but the decision was yours to enter the country without a permanent visa. If you had intended to stay you could have gone about it differently and entered permanently instead of trying to work the system. Temporary visas should be expected to be just that. No one is making you stay in the country  on a bridging visa.

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2 hours ago, Quoll said:

Sure, but the decision was yours to enter the country without a permanent visa. If you had intended to stay you could have gone about it differently and entered permanently instead of trying to work the system. Temporary visas should be expected to be just that. No one is making you stay in the country  on a bridging visa.

I am sorry mate but that is the most common path for most people, if you want to have an appreciation of numbers read this:

http://theconversation.com/most-migrants-on-bridging-visas-arent-scammers-theyre-well-within-their-rights-120989?fbclid=IwAR1p0ewemEAa8f9D3G-mHsY7Kfv0pB9S_EnpfrfcfINFyJBWbHBaSOrhjgI

 


Occupation: Architectural Draftsperson
State: NSW
Birth Country: LR
Stream: 186 TRT (Onshore)
Number of applicants: 2
ENS 186 Visa and Nomination applied: July 2017
Nomination refused: December 2017

AAT appeal lodged: December 2017
Application status: waiting for AAT decision

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Posted (edited)

More than once thousands of skilled vis applicants (some of them my clients) who had waited 6+ years were eventually told that they had been 'capped and ceased' and they could request payment of their visa application charge.

A 'Cap and Cease' means that the Department will cease processing applications for that visa once the cap is reached. The cap set by the Australian government for the current financial year has already been reached, meaning that no further visa applications will be processed under these subclasses.

MIGRATION ACT 1958 - SECT 39

Criterion limiting number of visas

             (1)  In spite of section 14 of the Legislation Act 2003 , a prescribed criterion for visas of a class, other than protection visas, may be the criterion that the grant of the visa would not cause the number of visas of that class granted in a particular financial year to exceed whatever number is fixed by the Minister, by legislative instrument, as the maximum number of such visas that may be granted in that year (however the criterion is expressed).

             (2)  For the purposes of this Act, when a criterion allowed by subsection (1) prevents the grant in a financial year of any more visas of a particular class, any outstanding applications for the grant in that year of visas of that class are taken not to have been made.

This came about because the Hon Senator Evans announced prospective changes that lead to an avalanche of applications.

It can be noted:

The courts as a rule cannot change a visa  decision. They can only order the minister or others to reconsider it and act according to law.

Public servants must do what they are told to do, whatever they might think.

One of my clients had internatioanlly recognised qualifications,  12 months in a senior role on a 457 at a major tourist resort, with staff twice her age reporting to her, only to be included by Hon Senator Cash in those capped and ceased applicants who would have trouble finding a job in Australia. 

Stuffing up and then blaming the victim is a forte of the immigration department. 

Edited by wrussell

Westly Russell Registered Migration Agent 0316072 www.pinoyau.com

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Stuffing up and then blaming the victim is a forte of the immigration department. Immigration decisions do not have to be fair or reasonable, they have only to be legal and even when they are not it is very expensive and not always possible to find a remedy.

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Westly Russell Registered Migration Agent 0316072 www.pinoyau.com

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5 hours ago, peyotemix said:

I am sorry mate but that is the most common path for most people

Irrelevant, you still chose it if your own free will 

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Scot by birth, emigrated 1985 | Aussie husband applied UK spouse visa Jan 2015, granted March 2015, moved to UK May 2015 | Returned to Oz June 2016

"The stranger who comes home does not make himself at home but makes home itself strange." -- Rainer Maria Rilke

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