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Complaint to Ombudsman


Jeffster

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Guest dtroy
No one really cares about GSM. People's interest lies in assylum seekers as far as immigration is concerned. Lot of us have already mailed all the channels 7,9, 10, ABC to no avail.

 

Try do a google search with "DIAC GSM Changes" and you'll get none of the major papers or news source reporting anything about it.

 

You are absolutely right. No one cares. The only way to make them care is to make them see the people behind it. The sort of "human stories" that go on ACA and Today tonight. I am sure we can find more than a few.

I am afraid this is will require a PR war much like the mining tax. Unfortunately, we do not have the mining industry's resources.

 

BTW, I think It's also important to make people understand that we are not "boat people". We are here to contribute and build Australia. We are skilled, educated and have the means not to be a burden on Australia.

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There has to be something that could be done effectively, that would change the minds of so-called intelligent people that govern the system..

 

I fink media is the only power that could really/actually make an impact to this prolonged problem and life of misery....

 

Now problem is Govt. (IMO), wont let them raise this issue until the applicants have been ceased...

 

But again, there should be atleast one way out....and whats that?

6 candies for the right answer...

 

I doubt there is anything significant that can be done. DIAC and minister may not be the smartest people to run the immigration program but one thing for sure, before they dish out any changes they check for legal loopholes to cover their a$$es.

 

If they can cease 20,000 people's application who have been waiting since 2007, they are capable of anything.

 

My suggestion is that if you are a IT graduate in Australia, get reassessed quickly under group C. We are lucky in the sense that ACS still assesses graduates under this category. If you are still on 485, you can lodge another 88x visa application.

 

I don't know if DIAC allows you to lodge if you already have your 485 expired or simply on bridging visa for 88x.

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Guest beersheer

My suggestion is that if you are a IT graduate in Australia, get reassessed quickly under group C. We are lucky in the sense that ACS still assesses graduates under this category. If you are still on 485, you can lodge another 88x visa application.

 

I don't know if DIAC allows you to lodge if you already have your 485 expired or simply on bridging visa for 88x.

 

I'm a welfare worker on bridging visa. Applied for PR under skilled independent 885 on May2010.

So I guess, I cant lodge any other application....dunno bout SMPs.

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Peter Mares is the only one who is already converted and is fighting on our side.

There is also another thread which is posted http://www.pomsinoz.com/forum/migration-issues/92057-have-look.html about the NZ media condemning the immigration cuts in OZ.

Hope this helps

 

Peter Mares can be contacted at pmares@swin.edu.au

 

__________________________________________

CAT (4), 885 applied 2008 AUG, ICT - Recent graduate NEC, IELTS 8.0, NAATI qualified, Currently employed as a ICT Project Officer

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Hi All,

Thanks for all the suggestions and comments. I have made the following changes;

· Removed references to Chris Evans (thanks Gill)

· Added 496 to list (thanks Virtual Bajwa)

· Added link to German DFA (thanks Uli)

· Referred to the DIAC"lodge another substantial visa” suggestion as legalized bribery (thanks Username)

· Added recommendation that ENS applications from current applicants don’t require another VAC, meds, PC, IELTS

 

As far as the online petition it was really just a means to gather signatures from multiple sources rather than just PIO. As it happens nothing I’ve looked at so far will accept anything more than a name / email and I want to gather TRN’s, waiting times and subclass. I think the best way therefore is to use PIO and if PIO members can individually collect more signatures and PM them to me that would be best. I’ll figure out the exact info and details when the letter is right.

 

If anyone wants to get anymore examples of fees and refund policies from other countries to add to the table please go ahead as the more that show up DIAC the better.

 

I was planning to CC the letter to a few news outlets myself (mostly local) but if we can put a list together that Kokki has already started we could send it to lots of others.

 

Finally, below are some links to articles brought to my attention today. There are some interesting ones on DIAC processing times so this appears to be a good time to launch our complaint.

 

Visa arrangements impede research

http://www.campusreview.com.au/pages/section/article.php?s=News&idArticle=17138

 

“Fortress Australia” debate the latest blow to enrolments

http://www.campusreview.com.au/pages/section/article.php?s=News&idArticle=17143

 

It’s hello small Australia, as India says goodbye

http://www.campusreview.com.au/pages/section/article.php?s=News&idArticle=17136

 

Visas on ice

http://www.campusreview.com.au/pages/section/article.php?s=News&idArticle=17137

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Guest beersheer

Guys we have to agree that in this era, media rules...

Tracy grimshaw "A Current Affair" on channel 9 comes to my mind who really can blow this issue up the roof....

 

Julia Gillard , Tony Abott everyone knows that she could be dangerous...

She has interviewed them and they know what she is capable of...

Trust me guys....she" Tracy Grimshaw" is the man...

 

Actions were taken on every story Tracy exposed.

 

If she could present this story, this issue would be all over the media...

 

http://aca.ninemsn.com.au/feedback.aspx

 

But the question is how?

Any comments....!!!!!

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Guest beersheer
Hi All,

Thanks for all the suggestions and comments. I have made the following changes;

· Removed references to Chris Evans (thanks Gill)

· Added 496 to list (thanks Virtual Bajwa)

· Added link to German DFA (thanks Uli)

· Referred to the DIAC"lodge another substantial visa” suggestion as legalized bribery (thanks Username)

· Added recommendation that ENS applications from current applicants don’t require another VAC, meds, PC, IELTS

 

As far as the online petition it was really just a means to gather signatures from multiple sources rather than just PIO. As it happens nothing I’ve looked at so far will accept anything more than a name / email and I want to gather TRN’s, waiting times and subclass. I think the best way therefore is to use PIO and if PIO members can individually collect more signatures and PM them to me that would be best. I’ll figure out the exact info and details when the letter is right.

 

If anyone wants to get anymore examples of fees and refund policies from other countries to add to the table please go ahead as the more that show up DIAC the better.

 

I was planning to CC the letter to a few news outlets myself (mostly local) but if we can put a list together that Kokki has already started we could send it to lots of others.

 

Finally, below are some links to articles brought to my attention today. There are some interesting ones on DIAC processing times so this appears to be a good time to launch our complaint.

 

Visa arrangements impede research

http://www.campusreview.com.au/pages/section/article.php?s=News&idArticle=17138

 

“Fortress Australia” debate the latest blow to enrolments

http://www.campusreview.com.au/pages/section/article.php?s=News&idArticle=17143

 

It’s hello small Australia, as India says goodbye

http://www.campusreview.com.au/pages/section/article.php?s=News&idArticle=17136

 

Visas on ice

http://www.campusreview.com.au/pages/section/article.php?s=News&idArticle=17137

 

Hey Jeffster

 

Thats awesome piece of work man...:notworthy:

Your a lawyer cum detective:policeman:

May I suggest you one thing that you could add more about the visa capping thing because it terribly jeopardizes the Australia's fair go policy and clearly is sin against humanity. Its playing with the lives and welfare of people.

 

No person or government is allowed to play with the lives of people and Australia is no exception. This is no less than fraud, by sucking up like a vacuum every piece of penny from people then say.."Fcuk Off, We're full", hiding under the stupid excuses

1.Skills Australia needs

2.Balance the GSM program

 

Were they sleeping....??? A government that sleeps and makes money

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Guest umairghias

Thanks to Jeffster for all the efforts ...

 

They just want the money thats why they want people to move to pririty 3 .

 

The ict recent graduate who have a SOL occupation and have applied for 885 and are on 485 at the moment .. Are they allowed to get a ANZCO Code and reapply again 885? is it valid?

 

But they clearly want the $2500 even if they are allowing this ...

 

Anybody can answer this?

 

Regards,

Umair

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Guest babboo

Dear Jeffster,

Thanks a lot for writing such a excellent letter....

 

Do u think it will be wise to add us (The Pre September 2007 applicants here) as our applications were refused after 3 years in the pipeline... And now we are offered our VAC back without any interest and other expenses we incurred in the propcess since July/August 2007...

 

I am sure you are aware of us .... Type of Visa -- 136/137/138/139

 

Regards

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Trust me guys....she" Tracy Grimshaw" is the man...

 

Actions were taken on every story Tracy exposed.

 

If she could present this story, this issue would be all over the media...

 

A Current Affair > Feedback

 

But the question is how?

Any comments....!!!!!

 

We share the same (unusual) last name and I have one contact at the local Channel 9 so it should be fairly easy to get hold of her. I'm camera shy though...

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Dear Jeffster,

Thanks a lot for writing such a excellent letter....

 

Do u think it will be wise to add us (The Pre September 2007 applicants here) as our applications were refused after 3 years in the pipeline... And now we are offered our VAC back without any interest and other expenses we incurred in the propcess since July/August 2007...

 

I am sure you are aware of us .... Type of Visa -- 136/137/138/139

 

Regards

 

I considered mentioning the recently capped and deceased but I reckon that if I did they would just say there is nothing they can do about it "IELTS, PC and meds are not charged by DIAC..." etc. I also want to avoid all mention of C&K as it will just be used as an excuse to shelve the complaint.

 

Perhaps if someone can write a good short, succint paragraph about this we could slip it in - something along the lines of "DIAC held 20,000 x $2000 ($40m) earning itself potential interest of $4m, turfed out the applicants refunding only the VAC and keeping the interest on their interest free loan. DIAC should repay the $4m to cover the costs of IELTS, PC etc."

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Guest dtroy
Guys we have to agree that in this era, media rules...

Tracy grimshaw "A Current Affair" on channel 9 comes to my mind who really can blow this issue up the roof....

 

Julia Gillard , Tony Abott everyone knows that she could be dangerous...

She has interviewed them and they know what she is capable of...

Trust me guys....she" Tracy Grimshaw" is the man...

 

Actions were taken on every story Tracy exposed.

 

If she could present this story, this issue would be all over the media...

 

A Current Affair > Feedback

 

But the question is how?

Any comments....!!!!!

 

I agree! She IS the man!

"today tonight" always presents the same stories, so double the exposure.

To get on those shows though, we have to tell a story. A sad story.

Individuals' stories and how this issue has been destroying their life and stealing their dreams.

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Guest Mongobear
If anyone wants to get anymore examples of fees and refund policies from other countries to add to the table please go ahead as the more that show up DIAC the better.

 

Hi Jeffster,

 

here we go. According to wikipedia following countries are considered being main immigration countries:

 

country: Italy (net intake 438.000 in 2008)

costs: 42,12 € / 60 AU$

processing time: 6-18 months

webpage: Polizia di Stato - Home page

refund: n/a

 

country: Norway (net intake 45.000 in 2006)

costs: 1600 NOK/adult / 300 AU$

processing time: 8 weeks

webpage: UDI: Forsiden

refund: n/a

 

country: Spain

costs: 60 € / 90 AU$

processing time: n/a (similar overload like OZ)

webpage: Ministerio de Asuntos Exteriores y de Cooperación | Gobierno de España

refund: n/a

 

country: Japan

costs: 8000 Yen / 100 AU$

processing time: 6 months

webpage: Immi Japan

refund: n/a

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The DIAC refund the VAC for invalid applications and ceased applications.

 

Acceptance of a 'cap and cease' VAC refund offer would constitute a withdrawal of the visa application and would create an estoppel. Affected parties might want to Consult a Top Gun migration lawyer.

 

The Ombudsman (paper tiger) has no powers and can only make suggestions. If an issue has not attracted the attention of the press, as in: deporting Australian citizens, imprisoning permanent residents of Asian appearance and children, there are unlikely to be any suggestions to the DIAC.

 

The Ombudsman can do nothing about a ministerial decision, notwithstanding that the minister is not mentioned in a complaint.

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Guest Gollywobbler
The DIAC refund the VAC for invalid applications and ceased applications.

 

Acceptance of a 'cap and cease' VAC refund offer would constitute a withdrawal of the visa application and would create an estoppel. Affected parties might want to Consult a Top Gun migration lawyer.

 

 

Hi Westly

 

Thank you, from the bottom of my heart, for the information above. I've been saying, ever since Feb 2010, that taking the money might give rise to an argument about estoppel but I have not been able to find an Aussie solicitor who has been willing to comment about my question one way or the other.

 

Only today I told Virtual Bajwa that since I have not been able to find an Aussie solicitor who is willing to comment about whether or not estoppel is what the Minister hopes to create with his idea of refunds, I have been coming to the conclusion that it is something that the Aussie courts will have to decide.

 

I've been asking several of the Top Gun Migration Lawyers in Oz about this for several months. The reply - invariably - has been that they don't know which way a court would jump about this question but they think that sorting it out would involve making new Law via the Courts and the case-law.

 

Who is the source of your own information, please?

 

Many thanks :notworthy:

 

Gill

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Guest TheStig

The Ombudsman (paper tiger) has no powers and can only make suggestions. If an issue has not attracted the attention of the press, as in: deporting Australian citizens, imprisoning permanent residents of Asian appearance and children, there are unlikely to be any suggestions to the DIAC.

 

The Ombudsman can do nothing about a ministerial decision, notwithstanding that the minister is not mentioned in a complaint.

 

So what exactly is the Ombudsman there for? Bloody waste of taxpayers money if you ask me. This is exactly was NATO does, "No Action, Talk Only".

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Guest Gollywobbler
hey guys...

a must see hilarious video...

 

"Please Stop writing trash about her - she's the Prime Minister! She's going out with a hairdresser!"

lol, lmfao, rofl

 

Man cries for Gillard in YouTube parody - Yahoo!7

 

Hi Beersheer

 

Do you think that the "Gillard Ginger Nut" is edible or does it crack your teeth?

 

I reckon that her hair would certainly crack a few teeth but I guess that the Aussie Hairdresser is the only one who is allowed to try to chew ion her hair?

 

"Advance Australia Hair!" as the Daily Telegraph has already remarked.

 

Cheers

 

Gill

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Guest Nick9

Hi Jeffster

 

Nice work. Why don't you send these both documents to the various Australian newspapers also! If some of them will find it interesting and decides to publish it then half of our work will get done. Because when it will be published in media, it will be in front of the whole nation and I am sure politicians and ministers will also have to notice it then. At least let everybody know that what kind of trouble and limbo we are in and how we are stuck due to the bad policies and mismanagement by the government and immigration department.

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Hi Westly

 

Thank you, from the bottom of my heart, for the information above. I've been saying, ever since Feb 2010, that taking the money might give rise to an argument about estoppel but I have not been able to find an Aussie solicitor who has been willing to comment about my question one way or the other.

 

Only today I told Virtual Bajwa that since I have not been able to find an Aussie solicitor who is willing to comment about whether or not estoppel is what the Minister hopes to create with his idea of refunds, I have been coming to the conclusion that it is something that the Aussie courts will have to decide.

 

I've been asking several of the Top Gun Migration Lawyers in Oz about this for several months. The reply - invariably - has been that they don't know which way a court would jump about this question but they think that sorting it out would involve making new Law via the Courts and the case-law.

 

Who is the source of your own information, please?

 

Many thanks :notworthy:

 

Gill

 

Christopher Levingston

 

Christopher Hugh Levingston

 

Migration Agent Registration Number: 9356987

 

 

 

 

Business Name Christopher Levingston & Associates Pty Ltd

Phone 02 9290 2633

Facsimile 02 9290 2191

Email Address clevingston@levingston.com.au

Web Address www.levingston.com.au

Business Address Level 3

36 Carrington Street

SYDNEY NSW 2000

AUSTRALIA

 

List other agents in this area

Relation to Business Director

Postal Address GPO Box 2502

SYDNEY NSW 2001

AUSTRALIA

 

 

 

Chris is a Top Gun accredited migration specialist lawyer and he has won many unlikely cases, recently: Saeed v Minister for Immigration and Citizenship [2010] HCA 23 (23 June 2010) "S B Lloyd SC with L J Karp for the appellant (instructed by Christopher Levingston & Associates)..." Full report at:

Saeed v Minister for Immigration and Citizenship [2010] HCA 23 (23 June 2010)

 

That is about as good as you can be. Here is the text of a recent email to Chris:

 

 

Dear Chris

 

 

I followed your suggestion and sent this to the unidentified Acting Manager:

 

 

Acting Manager

 

Business Support Section

 

Adelaide Skilled Processing Centre

 

 

Dear Acting Manager

 

 

I refer to you correspondence of 2 July 2010.

 

 

I have been instructed to inform you that my client rejects your assertion that you have the power to cap and cease her visa application.

 

 

My client will not accept your invitation to claim a refund of the visa application charge, because this would constitute a withdrawal of the application and would create an estoppel.

 

 

The delay in processing this application, which has been in place for almost three years, is entirely unreasonable and I now call upon you to decide the application according to law, as required by Section 65 of the Act.

 

 

 

Westly Russell

 

RMA 0316072

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