Form 956

[imaxx]

Form 956 (Appointment of a migration agent or exempt agent or other authorised recipient) states that you should use this form to advise the Department of

Immigration and Citizenship (the department) that you have appointed a migration agent or exempt agent or authorised recipient;

 

Question: What is the implication if my agent did not submit Form 956? Is she recognized by DIAC as "authorized" recipient as defined in the following?

MIGRATION ACT 1958 - SECT 494D

 

Authorised recipient (1) If a person (the first person ) gives the Minister written notice of the name and address of another person (the authorised recipient ) authorised by the first person to do things on behalf of the first person that consist of, or include, receiving documents in connection with matters arising under this Act or the regulations, the Minister must give the authorised recipient, instead of the first person, any documents that the Minister would otherwise have given to the first person.

 

Your replies may be crucial to my case. Thank you.

[Guest Gollywobbler]

Form 956 (Appointment of a migration agent or exempt agent or other authorised recipient) states that you should use this form to advise the Department of

Immigration and Citizenship (the department) that you have appointed a migration agent or exempt agent or authorised recipient;

 

Question: What is the implication if my agent did not submit Form 956? Is she recognized by DIAC as "authorized" recipient as defined in the following?

 

MIGRATION ACT 1958 - SECT 494D

 

Authorised recipient (1) If a person (the first person ) gives the Minister written notice of the name and address of another person (the authorised recipient ) authorised by the first person to do things on behalf of the first person that consist of, or include, receiving documents in connection with matters arising under this Act or the regulations, the Minister must give the authorised recipient, instead of the first person, any documents that the Minister would otherwise have given to the first person.

 

Your replies may be crucial to my case. Thank you.

 

Hi imaxx

 

DIAC have recently taken to insisting on Form 956 from the outset in cases where the applicant will not be the authorised recipient. This is a development in the last couple of years only, though.

 

I've read your earlier thread about your agent. I'd get rid of her immediately if I were you.

 

If you decide to ditch your agent, please send DIAC Form 1193 as well as Form 956. 956 by itself does not authorise DIAC to communicate by e-mail in circs where the applicant becomes the authorised recipient. Form 1193 clears this up.

 

Cheers

 

Gill

[imaxx]

Hi imaxx

 

DIAC have recently taken to insisting on Form 956 from the outset in cases where the applicant will not be the authorised recipient. This is a development in the last couple of years only, though.

 

I've read your earlier thread about your agent. I'd get rid of her immediately if I were you.

 

If you decide to ditch your agent, please send DIAC Form 1193 as well as Form 956. 956 by itself does not authorise DIAC to communicate by e-mail in circs where the applicant becomes the authorised recipient. Form 1193 clears this up.

 

Cheers

 

Gill

 

Hi Gill. Thanks for the reply. My case, a very straightforward one has now gone very complicated. Anyway, what I am trying to establish here is if there was proper notification to the authorized recipient. Very recently, I learned that my case has been decided unfavorably way back March 2009 due to agent's gross negligence (non-MARA). My agent denies receiving the email from DIAC anytime between March to end of Oct 2009. 175 has no right of appeal therefore I am trying to see if i can have an arguable case and see if there is a test case i can use to ask DIAC to review my case. She is now working on "justification" but of course I dont trust her anymore. :nah: In fact, i am preparing to file a civil case against her. The matter is already with my lawyer.

 

Long story, but that's the gist. If any RMA here would like to "study" my case, I'd be glad to PM the details.

 

wish me luck and thanks a lot.

[Guest Gollywobbler]

Hi imaxx

 

I am so very sorry to hear that your visa was refused months ago and that you have only recently discovered the truth.

 

After my third bucket of tea, I am now suffieiently awake (in the UK) to write you a coherent reply, having first read all 9 of yor earlier posts on Poms in Oz.

 

You have told us as follows:

 

You are an accountant from a high risk country and your application for a subclass 175 visa was lodged in December 2007 by an unregistered female agent operating outside Australia. You turned 45 during 2008. In October 2009 you considered applying for State sponsorship but by then you had lost your job due to the recession.

 

Very recently you have learned that your application for the sc 175 visa was refused in March 2009.

 

The situation, in short, is a mess as far as nigration to Australia is concerned but you say that yu have applied to migrate to NZ as well, using the same agent for both applications. If you would be content with NZ instead then the situation may not be too disastrous. Can you really trust this agent to make less of a mess with NZ, though?

 

Which country are you in, imaxx? Which country is this agent of yours in? Which country's laws govern the relationship between you and your agent?

 

What caused the refusal of your sc 175 application last March? What have DIAC said about why they refused it?

 

For the moment I suspect that nothing much turns on whether or not your agent submitted Form 956 to DIAC. You say that you odged a couple of PLEs, somehow using your agent's e-mail address, and you say that DIAC replied to them. This suggests that DIAC believed that they were dealing with a properly authorised recipient, doesn't it?

 

You are the master of the cryptic question, my friend! You tried that on another forum, you have mentioned, and it resulted in a dumb-ass reply from an RMA which we now know was rubbish advice that operated to your detriment.

 

Please tell us exactly what happened and then we can help you to try to make reasonable and realistuc progress with your Ausie predicament.

 

Cheers

 

Gill

[Guest Frustrated]

Hi,

 

We applied for PR (175) in December 2007 from India. A CO was allocated to us in February 2009. We haven't heard ever since inspite of sending all documents. Ours was a paper-based application. We applied through an agent in India. They used a MARA agent in Australia to file our application. They sent many PLEs but to no avail.

Now, we want to remove the agent so that we can directly communicate with DIAC.

We understand that we will have to fill Form 956 and Form 1193. Our agent would have already sent them Form 956 at the time of application lodging.

- Is it ok for us to send it again?

- Also, ours was paper-based, still, is it ok to scan the form and send it?

- In the Form 956, in the agent details (like name, address etc.), do we have to give the details of our agent in India? And then specify the MARA number ?

 

Please help us if anybody has any details. It has been more than 2 years and we are in CSL too .. We are running out of all options and I am hoping this forum will provide some respite...

[Guest Gollywobbler]

Hi,

 

We applied for PR (175) in December 2007 from India. A CO was allocated to us in February 2009. We haven't heard ever since inspite of sending all documents. Ours was a paper-based application. We applied through an agent in India. They used a MARA agent in Australia to file our application. They sent many PLEs but to no avail.

Now, we want to remove the agent so that we can directly communicate with DIAC.

We understand that we will have to fill Form 956 and Form 1193. Our agent would have already sent them Form 956 at the time of application lodging.

- Is it ok for us to send it again?

- Also, ours was paper-based, still, is it ok to scan the form and send it?

- In the Form 956, in the agent details (like name, address etc.), do we have to give the details of our agent in India? And then specify the MARA number ?

 

Please help us if anybody has any details. It has been more than 2 years and we are in CSL too .. We are running out of all options and I am hoping this forum will provide some respite...

 

Hi Frustrated

 

Welcome to Poms in Oz.

 

I'm not surprised that you are frustrated to have heard nothing for so long when your occupation is on the CSL.

 

I would suggest that your first step should be to phone the ASPC and tell them that you intend to complete your application yourself:

 

Contact Us - Department of Immigration and Citizenship

 

If you are not sure who the agent on record is, the ASPC will tell you. Make sure that you get all the information for Form 956 from them. Have a copy of the form plus a pen & paper to hand, I suggest.

 

I see no reason why you can't e-mail the forms but again, please check with the ASPC. Ask them why you have heard nothing when your occupation is on the CSL?

 

Cheers

 

Gill

[Guest Frustrated]

Hi Frustrated

 

Welcome to Poms in Oz.

 

I'm not surprised that you are frustrated to have heard nothing for so long when your occupation is on the CSL.

 

I would suggest that your first step should be to phone the ASPC and tell them that you intend to complete your application yourself:

 

Contact Us - Department of Immigration and Citizenship

 

If you are not sure who the agent on record is, the ASPC will tell you. Make sure that you get all the information for Form 956 from them. Have a copy of the form plus a pen & paper to hand, I suggest.

 

I see no reason why you can't e-mail the forms but again, please check with the ASPC. Ask them why you have heard nothing when your occupation is on the CSL?

 

Cheers

 

Gill

 

Hi Gill,

 

Thanks a ton for the reply. I will do the same and hope that something good happens.