Changes to MODL - 8 Feb 2010

[McKlaut]

Hi Mckult,

Is there a difference between words:

internal checks

external checks

routine checks

undegoing checks

 

BR,

Sam

 

Is your question about their origional meaning? In this case I'd say YES they mean different things.

 

If you ask me about the content that DIAC gives to all these words I will say most likely they are the same.

[Guest samra138]

Is your question about their origional meaning? In this case I'd say YES they mean different things.

 

If you ask me about the content that DIAC gives to all these words I will say most likely they are the same.

 

Please tell me the meaning of each one.

 

Thx a lot

[Guest bilaln30]

Hi Bilal,

Since last August 2009, When I sent PLE, I got the following reply.

Now I am wondering if it is the same as the one above which I received recently because both of them are speaking about CHECKS

If yes, then They have been checking since August till now.

Please let me know your opinion.

 

"At present your application is undergoing routine processing.

Unfortunately, ensuring all the legal requirements are met in relation to

an application can take some time.

 

The case officer is following up on the status of your application on a

regular basis to ensure it is being processed as soon as practicable. You

will be contacted if we require additional information to process your

application.

 

We appreciate your patience in this matter."

 

I think Mckault is right. I believe these are the same checks. I know few people whose checks were started in Oct/Nov 2009 and are still on. Lets hope for the best.

 

Since I have hired an agent so the CO mails doesn't come to me directly. By reading the mail I cant say for sure that at which stage is ur application.

[Guest Gollywobbler]

Please tell me the meaning of each one.

 

Thx a lot

 

Hi Sam

 

If you want to know what meanings DIAC ascribes to the different expressions that they use, you will have to ask DIAC. Nobody else knows what DIAC mean, after all.

 

Anyone who has a wild guess at what DIAC might mean is simply taking a wild guess - which is a complete waste of the other person's time and your own.

 

What you really want is a copy of the internal check-list that DIAC have given to your file. Until all the boxes on the list have been ticked your application will not have been finalised. If you had the list you would know exactly which checks they plan to do and who will be responsible for each of the checks. You would also be able to chase up about the progress of each individual section of the checks.

 

However DIAC will never release the information that you really want. They simply say, "National security = Official secrecy," and that is that. They are entitled to be secretive about the ways in which they protect the integrity of their visa application process.

 

The rest of us can't tell you what DIAC mean because none of us have ever worked for DIAC.

 

Cheers

 

Gill

[McKlaut]

However DIAC will never release the information that you really want. They simply say, "National security = Official secrecy," and that is that. They are entitled to be secretive about the ways in which they protect the integrity of their visa application process.

 

 

Gill

 

Let it be so. Let they hide everything they want BUT finalise those checks in timely manner. To say, external varifications shouldn't last more than 5-6 months. And apply all their efforts to stick to this time-frame.

[chirag]

Hi All,

 

I came to know last week (pretty late, i guess) that MODL is pulled out and that the processing priorities have changed when I stumbled upon this thread. I see a lot of people have decoded the complex and messy changes that were made on 8th Feb. I would appreciate if someone can help me out by answering a few specific queries.

 

1. I received my PASA outcome today from ACS which says I have 2231-79 with Java. I am 26 and have 4.5 yrs of IT experience. The letter says DIAC will conduct additional checks to find out specific work exp and australian work exp. My question is - will I get 10 points for specific work exp? Considering the fact that ACS says I have more than 4 yrs work ex in IT with 12 months in Java, all of which I gained outside Australia.

 

2. Assuming I get a 7 in IELTS, and also the 10 points for specific work exp, it takes me to 125. Does 2231-79 Java get me a priority 4 or 6(i)? What are the realistic timings to get a visa in both these cases?

 

3. The current priority processing order is effective from 8th Feb. Will it change in April end or on 1st July? My application would be ready only by mid April since I have to give the IELTS exam. Just wanting to know if I am in for more surprises in April and need to hurry up.

 

4. What happened to family sponsored visa? On 23rd september 2009, they put family sponsored 176 CSL above independent 175 CSL. Now they have removed it altogether. My sister is an Australian and she has pushed me to apply for PR. I'm not dependent on her and I dont see how any other visa types can get me that. With the current changes as I understand, I dont see a point in applying to get a priority 6(ii), wait for 3 years and then see my application go to trash. Anyone knows if family sponsored 176 visa has to follow this priority or are they processed separately?

 

My questions may be very specific. I'm just thinking if its going to take 3 yrs for a case officer to pick up my application (to probably put into trash), I might as well not apply and save both our time and my money .

 

Thanks to everyone who can help me out.

 

Chirag

[Welshtone]

Hi Chirag

 

Subject to Scoring IELTS 7, you should lodge a 175 application - you can always go for family 176 or State 176 later, if it looks advantageous as your 175 application is also an application for a 176 visa - it just needs the family or State sponsorship form to activate it as such and this can come in later as I say.

 

You will score 10 points for Specific Work Experience as this is double counted by ACS and DIAC. Best case scenario is that your CSL 175 application is processed before the CSL is abolished otherwise you may then need to apply to one of the States under their new Migration Plan.

 

I would lodge the 175 asap, and also apply for State Sponsorship as a bit of insurance in case the CSL disappears during your processing.

 

Regards

 

 

Tony Coates

[Graemsay]

2231-79 as a Java developer is category 4 on the priority list, so you should be processed pretty quickly. I was assigned a case officer after 2 1/2 months, and granted a visa after 4 months, though some applicants (e.g. Bagonzo) seem to have taken a month or two longer.

 

The Specific Work Experience is recent work experience in your field. I missed out on the extra 10 points because I've been out of work for a lot of last year. Given your age, amount of experience, and the fact that you've got an ACS assessment, I'd guess you've been working pretty solidly since graduating, and so you should be OK with that.

 

I'd agree with what Tony has said above. I'd be inclined to lodge an application for state sponsorship now (assuming you don't need the IELTS result first). I suspect that there's going to be a crossover with the SMP list, particularly as it's been hinted that IT will remain on the forthcoming SOL, so having a state backing you could be a nice position come July.

 

I don't know where you want to be, but I'd suggest Victoria as Melbourne is the second biggest centre for IT in Oz (Sydney is the biggest), and Java is on their list.

 

If you've got any specific questions then drop me a private message. I've just gone through the process on the same skills as you.

[Guest hmkamran]

Dear Gill and POMs,

Hello!

 

 

 

I have written to all senators from Australia, Ombudsman and my concerned embassy in AUS. I am also seeking a tough Lawyer and contemplating action against DIAC. Here is the text I wrote to all Senators.....

 

 

 

This mail is in response regarding our migration application dated 27th August 2007 for a Skilled – Australian Citizen Sponsored (Subclass 138). I am an Education officer. The latest draconian legislative passed by the minister of Migration on 8th February 2010 has left us harassed and not worthy of a human being...

 

They have ceased our application after almost three (3) years of waiting without any reason of capping. He is willing to refund our application charge (VAC) after keeping us in a limbo for three years. First he amended the law on 23rd September 2009 and now he has completely disqualified our application. In this process he has used our money "People his Business" for the benefit of the ministry he heads and made fun of our lives and the amount of time, money, energy and ambitions we had.

 

After many changes and assurances he gave through his ministries web site (See attachments as proof)

Please find attachment “Medical” as proof of request for medical. Also find the attached herewith the “Acknowledgement of Receipt of Visa Application” letter in which it states clearly that the applicant can reduce the amount of time required to process the application by providing any outstanding requirements before the application is allotted to a case officer (See last couple of line on the scanned copy).

 

There is also an attachment with this acknowledgement which shows the progress / processing information regarding our paper based application Subclass 138. Also attached herewith (ASPC mail.doc ) is the mail received from his office on 9th February 2009 which states clearly that all applications prior to 1st September 2007 will be allotted to case officers by 20th March 2009. In the attachment of Medicals request the DIAC says that the applicant has 28 days to do his medicals and in DIAC scenario -- they took 30 months to decide that our applications are not accepted… This is totally inhuman. And what about the interest the DIAC and the ministry of Immigration earned on our application charge (VAC) of AUS $ 2060 since August 2007???

 

In the new legislation passed he says that no refunds will be there for the medicals, Assessment charge, English tests(IELTS) and Taking a MARA agent also costs a fortune. What about the interests on all the amount of VAC he had with him for the last three years. He takes 30 months to tell us that we cannot continue with your application because you are not worthy of our system. He must be joking. IS he? Or is “People his Business" his motto.

 

We filled our application under the rules of Migration prevalent at that time. My only other brother lives in Melbourne (VIC) and has been doing well and contributing to the economy since the last 8 years.

 

We believe that the Minister should take responsibility and demonstrate that his moral position is consistent, that it extends to cover the thousands of customers affected by his combined lack of action in managing the inflow of applications once the problem was brought to his attention. Setting limits and shaping migration program volumes was his job to do at the time they knew the inflow was changing. My family now suffers as a result of this lack of timely decision making. The late response and subsequent over-reaction to the rising inflow visas means we will now be ineligible to migrate. It is their job to help lift the unfair and discriminatory suspension of processing.

 

Therefore we request your good self to please consider the amount, energy and time spent in this process.

And if this is Law then we want compensation of the amount of mental harassment we have suffered because of this latest legislation. Please advise us how to proceed and also suggest us as to what legal action can be taken and this legislation challenged in the court of Law.

 

Best regards,

XXX

 

Hi Babboo,

 

I have been reading your posts on this forum, though we are not british but pain we all pre-sept 2007 applicants are facing, is same. yes, great work and courage you are putting on, congrads for that. Our story may be worst than many; we based on my wife's skills. Aysha is a professional hairdressers for years. Our mig appl was loded on 26/6/06, Medical and police roport in July 07, additional employment doc asked/supplied on 1/12/08, job verification done in Mar 09...and since then we are wiating and waiting. When the application was lodged, we had 2 kids, after lodgement, Aysha got pregnent, then our daughter was born in 2007..and now we are cebrating her 3 b'day on 7 March...but no news from DiAC, isnt it funny. Altogether, we stayed in Q for 4 yr and 6 month..phew...we may hold some record.

 

We are really worried and upset, my wife is into tears for last 2 weeks, our minds simply stopped working, we dreamt about Aus for 4 and 1/2 years, put off many plans and major steps of lives, thinking we will reach Aus sooner or later and then we will resume our plans etc etc. But...all that ruined in few min...

 

Anyways, like you invited in your 14Feb post, we are in full support to you and ready to join hands with you in any kind of efforts/legal plea you are planning for. Can I write you personally at the email you referred in your post.

 

I am also working on sending messages to all senators, ombudsman etc...thats a very useful idea of yours..thanks for that too

 

Cheers....

 

Kamran

[Guest hmkamran]

Hi Babboo and Virtual Bajwa

 

If I were in your shoes, I would consult a solicitor called Nigel Dobbie, in Sydney:

 

Dobbie and Devine Immigration Lawyers Pty Ltd

 

Dobbie and Devine Immigration Lawyers Pty Ltd

 

PlaintiffS157 was a Student in Oz. I think his real name was Mr Uzzin. I don't know the details but the rough gist is that either 3,000 International Studemts in Oz or more than 3,000 (I can't remember the exact number) suddenly had their Student Visas cancelled by DIAC and the Students were thrown out of Oz.

 

I don't know why the Sudent Visas were cancelled but Nigel worked out that the procedure that DIAC had used was incorrect in law. So he sued the then Minister for Immi, on the instructions of Plaintiff S157 and Nigel won the case in Court in Oz. The Aussie Govt had to pay millions of AUD in damages to the Students involved because most of them were in the middle of their courses when they were arbitrarily kicked out of Oz.

 

I've read Boddrudaza briefly and quickly - and didn't understand a word of it! Hence I haven't bothered to find and read the Student case because I probably wouldn't understand that either!

 

Nigel says that Bodruddaza confirms that there is no hurry to get these Immi Law cases into the Courts in Australia, in spite of what the rules for the various Courts say. Getting rid of the 28 day time limit certainly makes everyone's life very much easier.

 

So if I were in your shoes, I'd contact Nigel. I would ask him to have a good look at the relevant law. Can the Minister for Immi use the cap and kill provisions merely in order to reduce a backlog and to get rid of an earlier Minister for Immi's decisions just because he doesn't like them?

 

I agree with Chris McGrath. I think the Minister is in breach of natural justice for even thinking of such an idea. However anybody affected by it should ask an Accredited Specialist in Aussie Immi Law - which Nigel is.

 

There are about 45 Accredited Specialists in Aussie Immi Law, I believe, and I think they are all in Australia. I know hardly any of their names and Nigel is the only one I am in contact with. I am sure that all of them will be approached over this, either by Registered Migration Agents acting on behalf of visa applicants, or by the visa applicants themselves, or by the family sponsors of visa applicants.

 

Cheers

 

Gill

 

Thanks a lot Gill, I will surely contact with the lawyers you refferred

 

Cheers....

 

Kamran

[Paul1Perth]

Hi Babboo,

 

I have been reading your posts on this forum, though we are not british but pain we all pre-sept 2007 applicants are facing, is same. yes, great work and courage you are putting on, congrads for that. Our story may be worst than many; we based on my wife's skills. Aysha is a professional hairdressers for years. Our mig appl was loded on 26/6/06, Medical and police roport in July 07, additional employment doc asked/supplied on 1/12/08, job verification done in Mar 09...and since then we are wiating and waiting. When the application was lodged, we had 2 kids, after lodgement, Aysha got pregnent, then our daughter was born in 2007..and now we are cebrating her 3 b'day on 7 March...but no news from DiAC, isnt it funny. Altogether, we stayed in Q for 4 yr and 6 month..phew...we may hold some record.

 

We are really worried and upset, my wife is into tears for last 2 weeks, our minds simply stopped working, we dreamt about Aus for 4 and 1/2 years, put off many plans and major steps of lives, thinking we will reach Aus sooner or later and then we will resume our plans etc etc. But...all that ruined in few min...

 

Anyways, like you invited in your 14Feb post, we are in full support to you and ready to join hands with you in any kind of efforts/legal plea you are planning for. Can I write you personally at the email you referred in your post.

 

I am also working on sending messages to all senators, ombudsman etc...thats a very useful idea of yours..thanks for that too

 

Cheers....

 

Kamran

 

Don't assume you are hard done by. We are British by birth, live in Perth and have been there since 1992. My Sister and Brother in Law wanted to emigrate. He is a police officer and applied for emigration to Adelaide originally, as they were the only state recruiting at the time. They needed maybe 50 police and around 500 applied. My family got inited to the embassy having spent heaps of money going for interviews, medicals, tests. They were then told that they had invited 100 applicants, 50 would be taken and 50 would be "in a pool". My family were one of the unlucky ones and have never heard anything since. They have also applied for WA when they started recruiting and I thought they had a better chance getting in here. They didn't even get an acknowledgement back.

They have now given up on the idea and have had to get on with their lives in the UK. They had put everything on hold for a couple of years and missed out on a house they really wanted to buy as they thought they would get accepted. They are still terribly disappointed and out of pocket but life has to move on. There are numerous tales of rejection for every one person that gets accepted. That's life!

[Guest babboo]

Dear hmkamran,

Hello!

Sure can write to me personally. I and my brother have called and emailed these lawyers suggested by Gill and left voice messages on their phones, but till now no reply from them. Strange. We are looking for other lawyers as well. I am in touch with some other members prior September 2007 by phone -- so can also join the wagon and lets explore the options. Take care n cheers

[virtual_bajwa]

Thanks a lot Gill, I will surely contact with the lawyers you refferred

 

Cheers....

 

Kamran

 

 

Dear hmkamran,

Hello!

Sure can write to me personally. I and my brother have called and emailed these lawyers suggested by Gill and left voice messages on their phones, but till now no reply from them. Strange. We are looking for other lawyers as well. I am in touch with some other members prior September 2007 by phone -- so can also join the wagon and lets explore the options. Take care n cheers

 

Hey friends,

Till date DIAC has not announced anything what is the actual procedure behind CAPPING and CEASING.So wait and watch. Everything will come out once capping and ceasing level comes out. So, until then nobody will speak and reply to your Pre-September queries.So wait and watch.

Australian law will speak against the immigrants. This is what their policy is. Government of Australia polled for invitation to immigrants in Australia since 2050. Well people of Australia polled against this. So Australian people are against the people coming from outside Australia and lived here. So they will come up with some more harsh rules guys. So don't expect much even after you reach Australia.

[rahulpatel1969]

Hey friends,

Till date DIAC has not announced anything what is the actual procedure behind CAPPING and CEASING.So wait and watch. Everything will come out once capping and ceasing level comes out. So, until then nobody will speak and reply to your Pre-September queries.So wait and watch.

Australian law will speak against the immigrants. This is what their policy is. Government of Australia polled for invitation to immigrants in Australia since 2050. Well people of Australia polled against this. So Australian people are against the people coming from outside Australia and lived here. So they will come up with some more harsh rules guys. So don't expect much even after you reach Australia.

 

As i see it we have to wait until we get detalis of what they are upto. Then and only then can lawyers advise about judicial review. Man let him throw the book at us. Many of us are australian sponsored and they of course will protest. I just hope that whatever they plan with cap and cease they announce it fast so that we can go to the next step (plan for judical review). If that is not an option and we lose better we forget about the whole thing, get back whatever fees we can and forget about the whole thing.

[Guest babboo]

As i see it we have to wait until we get detalis of what they are upto. Then and only then can lawyers advise about judicial review. Man let him throw the book at us. Many of us are australian sponsored and they of course will protest. I just hope that whatever they plan with cap and cease they announce it fast so that we can go to the next step (plan for judical review). If that is not an option and we lose better we forget about the whole thing, get back whatever fees we can and forget about the whole thing.

 

Well Dear Friends, I am also getting disillusioned by reading Virtual Bajwa's post regarding the poll taken... Came up with a search just yesterday and this seems things are not very bright Down Under. Here is the link ------

http://dspace.anu.edu.au/bitstream/1885/41761/3/dunn_paper.pdf and ......

ABC The Drum Unleashed - Racism in Australia .......:eek: well what u all read into the posts here......

 

Take care n cheers

[rahulpatel1969]

Thanks a lot Gill, I will surely contact with the lawyers you refferred

 

Cheers....

 

Kamran

 

Gill

 

Thanks a lot.

I too have contacted the lawyer u have suggested. Waiting for their reply.

 

Rahul

[Guest hmkamran]

Gill

 

Thanks a lot.

I too have contacted the lawyer u have suggested. Waiting for their reply.

 

Rahul

Hi All,

It seems the fire of 22000 affectees is cooling down now and everybody tends to accept the hard fact..that..oh ****, we lost it..... But I reckon little flame of hope should always be on.

 

I wrote to that lawyer that Gill recommended, 3-4 weeks back but never heard from them.

 

Has anybody got any news about some positive/negative progress in this matter from DIAC side. Appearently they are silent perhaps due to great critisizm they faced during 1st month...Or this silence is the signal of another great volcano....

 

One strange thing happened in my own WA state nomination application was that 2 week back WA asked me to provide them with ielts result and Diac acknowlegdment, which I sent them straightaway. Is it about the idea that states are still processing all applications

 

Whatever, we should keep the blood warm

 

Cheers....

 

Aysha Kamran

[rahulpatel1969]

There is no news. I too am waiting for this to end either way. The delay means DIAC and the minister must be working out how to go about it.

[virtual_bajwa]

Hi All,

It seems the fire of 22000 affectees is cooling down now and everybody tends to accept the hard fact..that..oh ****, we lost it..... But I reckon little flame of hope should always be on.

 

I wrote to that lawyer that Gill recommended, 3-4 weeks back but never heard from them.

 

Has anybody got any news about some positive/negative progress in this matter from DIAC side. Appearently they are silent perhaps due to great critisizm they faced during 1st month...Or this silence is the signal of another great volcano....

 

One strange thing happened in my own WA state nomination application was that 2 week back WA asked me to provide them with ielts result and Diac acknowlegdment, which I sent them straightaway. Is it about the idea that states are still processing all applications

 

Whatever, we should keep the blood warm

 

Cheers....

 

Aysha Kamran

 

There is no news. I too am waiting for this to end either way. The delay means DIAC and the minister must be working out how to go about it.

 

Yes guys there has been almost three months since we hear something on CAPPING and CEASING. It seems things are hotting up on this topic in DIAC campus. Day before yesterday I called my agent who told me that I need not to worry as things will be fine.

But worry is what DIAC has given me ever since I applied with DIAC.COme one please show me something +ve or -Ve. As I want to come out of this bigeest dilemma of my lifetime.

[rahulpatel1969]

Bajwa

 

How does u r agent say everything will be okay. Has he heard they are not capping and ceasing relative sponsored application?

[virtual_bajwa]

Bajwa

 

How does u r agent say everything will be okay. Has he heard they are not capping and ceasing relative sponsored application?

 

No Rahul ,

HE said this because in his opinion only application which has low IELTS band , less experience and who are in the trade like cookery, hairdresser will be capped and ceased.

It's his opinion not mine...

[libbysmum]

No Rahul ,

HE said this because in his opinion only application which has low IELTS band , less experience and who are in the trade like cookery, hairdresser will be capped and ceased.

It's his opinion not mine...

 

I have been wondering just lately about the post by Jamie Smith in the Agents thread (re DIACs presentation in melbourne in light of the changes)

 

He stated that

 

 

DIAC comments from today:

 

80% of offshore skilled applications are from just 4 occupations (I suspect cooking, accounting, hairdressing and hospitality).

 

Skilled Independent is now the dominant class of application but was never intended so, and will be repositioned away from being a "now" visa into a tool to help solve medium to long term skills shortages. SI will remain relegated and won't again have the priority it enjoyed previously.

 

Priority occupations will not feature in the SI applications (I guess DIAC are looking to ENS and perhaps a new visa subclass to capture the priority cases).

 

Caps will be set on occupations or visa categories in the next few weeks. (I think these will start on the four dominant occupations listed earlier and most other occupations will have little to fear).

 

The pre-2007 applicants are now down to 6,000. DIAC's problem is their information system makes it very hard to deduce information about each file without reading and sorting them all one by one.

I wondered if the report of caps being set on occupations/visa categories "in the next few weeks" actually only applied to the pre september 2007 applicants, not all current gsm visas. Initially I read it that capping and ceasing may affect all GSM applications, but now in light of what Virtual Bajwa's agent has stated, it seems that in fact it may only apply to pre-2007 applicants (for the time being anyway). Also maybe the 80% of offshore visas being from just 4 occupations is also just the statistics relating to the pre september 2007 applicants??

 

Does anyone else have any feelings on this, as I have been so concerned as we are a december 09 175 applicant in hairdressing, and have been toying with the idea of SA state sponsorship even to the point where the SS application is filled out and ready to just hit the send button! Even though it will increase our priority I am not 100% sure SA is for us and we will not be doing a reccie prior to any move. To that end I have been reluctant to hit that send button!!.