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Other Family visas: Cutbacks and Delays


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Guest Instam
hi Instam

i was told in June that it would be finalised in a subsequent year so lets see what happens now.

 

Hi Sophiavee,

 

Glad to know that your case would be process in this year~ :cute:

 

Hope to hear your good news soon :))

 

When is your queue date?

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Guest Instam
i don't know about Hk Instam but the assurance was the last step I thought. Don't lose hope , we are all pitching in the dark. We wouldn't know what internal DIAC is doing

 

 

Agree with you. But seems my CO help me check the availability of new place in this year already...as I got the letter

in July informed me that my application can't be finalised within 13-14 financial year. Reason is reduction of the visa place.

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Agree with you. But seems my CO help me check the availability of new place in this year already...as I got the letter

in July informed me that my application can't be finalised within 13-14 financial year. Reason is reduction of the visa place.

 

im a bit confused. there seems to be no pattern of regularity in the processing. What's your queue date again ?

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Guest Instam
Yeah you see, I wasn't asked for the assurance

 

Yes, no pattern. As I saw ppl apply onshore in year 2012 already granted visa

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Yes, no pattern. As I saw ppl apply onshore in year 2012 already granted visa

Yeah, there is no pattern in the granting of visas. I have come across a few people who have applied for this visa after I did and they have all received their visas. This entire "queuing" system is a farce. Just talking about it makes my blood boil.

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  • 4 weeks later...
Have you heard anything lazybones? they aren't going to make me redo my meds and checks a third time are they? They expire in jan

Hi Sophiavee,

No, they didn't respond to any of my queries. Unfortunately yes, you will be asked to do a third round of meds and police checks once they expire. Have you applied onshore or offshore?

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Hi Sophiavee,

No, they didn't respond to any of my queries. Unfortunately yes, you will be asked to do a third round of meds and police checks once they expire. Have you applied onshore or offshore?

 

 

 

offshore. :((. I asked an immigration agent Grant William and he said he didn't think I'd have to redo. Am hoping he's right.

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I might be able to help with some information here. My brother in law is also in the same boat.

 

Firstly, I suspect that the queuing system is a farce. We also have the same queue date as many here. I think what happened was in 2010 they basically just sat on all the applications as they did not have enough visas. Then, when they started the queue they just put a pile of people in the April 2011 queue date regardless of when their applications were actually lodged.

 

We also were asked for and paid the AoS just before they pulled the visa. However, they are also saying that there were not enough visas either in FY 2013 or likely to be in FY 2014.

 

Basically, what the Minister is doing here is trying to do away with the LRR visa without bothering to go back to Parliament. The reason is simple - money. The Family Stream is not a money spinner. No country can reasonably refuse to grant marriage and dependent children visas, so they have to do those and they are not allowed to cap. But they can't charge too much for them. As the numbers increase, instead of just increasing the allocation to the Family stream from say 60,000 to 61,000, they tried to keep it the same but pinched the visas from the Other Family streams where they are allowed to cap. They just wont add any visas to an area where they cannot make money.

 

The only focus is for visa classes either required by business or where they can cash in by charging a big fee (or in the case of students, get them to subsidise the Australian education system). I agree that the next step will be contributory Family Visas. They might as well just auction the bloody things on Ebay.

 

Anyway, there are a few avenues available:

 

- I have written to the Shadow Immigration Minister and asked him to make a position statement on the various issues prior to the election. Might be able to get him to commit to a review. I will let you know if he replies. If you like in Cook (NSW) he is your local guy so hit him up for an answer.

- I am highly tempted to launch a Freedom of Information Act request to find out exactly what happened to the queue - however, past experience is that they are always allowed to block any information they want, despite the law, and in this case you have a department that wants to cover up what they are doing. However, I would suggest that everyone effected not only complain, but also insist to know their exact queue number. I cannot see that they are legally able to refuse to provide it. My suspicion is that people are not being released in order of lodgement date.

- I heard from my migration agent that as many as 700 LRR visa applicants were released from the queue and now do not have visas. If the total Other Family Stream has 580 visas, then LRR probably has no more than 150 of those. On these figures, you can see it will take years just to clear the backlog of people they just promised had been released for final approval. This is probably why they don't want to be honest with the figures.

- If you have not been asked for the AoS yet, you are probably down the queue and looking at a wait of up to 5 years.

- I suggest the moment the election is over, bombard your local MP and the new minister with complaints. Don't bother talking to civil servants (they just cover up for the department whatever, and will never take your concerns to the Minister). Insist on speaking to one of the Parliamentary aides - they are actually MPs and therefore (in theory) represent you. The argument I am running is that (1) it is inhumane to remove visas from people who are just about to be granted, especially for several years and (2) it is an end-run around parliament - if the department want to kill the Other Family Stream they need to get the legislation changed, not just kill it by reducing the numbers to unviable levels.

 

My migration agent has confirmed that in 20+ years she has never seen the department withdraw visas once an Assurance of Support is requested. It was a disgrace and typical of the high handed approach of government departments. If you want it changed, hope for a change of minister and complain like crazy!

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I might be able to help with some information here. My brother in law is also in the same boat.

 

 

Brilliant post Ryan. I'm also interested in getting some info (if they manage to give any) using the FoI act, let me know if I can be of any help. As you've said, the 'queue' system is a complete farce and has no relevance to how they process applications. Like many, I too have paid AoS and have not been granted my visa. The bond doesn't 'activate' until the visa is granted which means I don't earn any interest on it.

 

We need to find more people who are in the same boat and make our voices heard so a change can be made. This can be done by the following ways:

 

Making a complaint on the IMMI website: http://www.immi.gov.au/contacts/forms/services/services-form.htm

Contacting the minister of immigration: minister@immi.gov.au

If anyone can suggest other methods (in addition to ryanshaw's) suggestions, please share with us.

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I questioned DIAC that if they are not listening to me where should I approach to raise my concern.

Below is the reply I get -

 

So I will making a formal complaint using the below links in a day or two....if everyone can do the same then we might be able to raise our concern and possibly soon get a good outcome.

 

http://www.ombudsman.gov.au/pages/making-a-complaint/complaints-the-ombudsman-can-investigate/immigration.php'>http://www.ombudsman.gov.au/pages/making-a-complaint/complaints-the-ombudsman-can-investigate/immigration.php

 

http://www.ombudsman.gov.au/pages/making-a-complaint/

 

 

 

 

  • Dear Mr .......
     
    Thank you for your email.
     
    The department is satisfied that the issues raised in your feedback has been addressed. Consequently, no further consideration within the department has been deemed necessary.
     
    Should you wish to pursue this matter further, external review options such as the Commonwealth Ombudsman are available to you. You may find the following information helpful:
     
    Commonwealth Ombudsman
    • The Commonwealth Ombudsman has the power to investigate the administrative actions and decisions of Australian Government agencies to see if they are wrong, unjust, unlawful or discriminatory.Web:www.comb.gov.au
       
      Enquiries: 9am - 5pm Monday to Friday
       
      Phone: 1300 362 072 (local call charge)
       
      Email:ombudsman@ombudsman.gov.au

     

     

    Australian Human Rights Commission (formerly the Human Rights and Equal Opportunity Commission)

     

    • The Australian Human Rights Commission has responsibilities for inquiring into alleged infringements under five anti-discrimination laws - the Racial Discrimination Act 1975, the Sex Discrimination Act 1984, Disability Discrimination Act 1992 and the Age Discrimination Act 2004 as well as inquiring into alleged infringements of human rights under the Human Rights and Equal Opportunity Commission Act 1986.Web:www.humanrights.gov.au
      Phone: 1300 656 419 (local call charge)
      Email:complaintsinfo@humanrights.gov.au

     

    Privacy Commission

     

     

     

    The department thanks you once again for your feedback.

     

 

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Hi

 

Regarding complaints to the Ombudsman, unfortunately they are a waste of time. The Ombudsman does not exist to investigate your complaints, they exist to provide an outlet so that you can go somewhere else to blow off steam. The Ombudsman only actually deals with very trivial matters of procedural irregularity. All that will happen here is that they will tell you that the DIAC has followed the correct procedure in responding to your letters and that, since the issues you raised are matters of policy, it is outside of their scope.

 

The only basis on which you could realistically complain to the Ombudsman is that DIAC has not been following a fair queuing system - this is an administrative matter so it would be within their scope. However, you have no proof that it is happening, and the Ombudsman will almost certainly refuse to launch an investigation. Obviously, you do not have access to the documents which might prove this and the Ombudsman can get them, but they usually just say there is no basis for an investigation based on suspicion. The Ombudsman will simply write to the DIAC and ask them whether they have a proper queue system, the DIAC will reply (saying basically yes, but covering their arses) and the Ombudsman will accept their reply and close their file.

 

The problem here is that there is no point dealing with civil servants, of any department, if you want something done. They do not see it as their role to pass on your concerns, but simply to defend their department and restate the departments position. Their job is to STOP any difficult questions getting to the minister if at all possible. If you want something done, you need to bypass the civil service and insist on a dialogue with the minister or one of the parliamentary staff. Unfortunately, there is nobody there during the election, and afterwards they will probably be far too busy to bother talking to people who don't get to vote for another three years. The slightly better option is go via your local MP, who you will be able to meet, but insist that the matter is raised with the Minister and not their staff, since usually all that happens is your MPs staff write to the ministers staff and neither of them ever actually get involved.

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  • 3 weeks later...

Guys

 

I send a complaint (using the link - http://www.immi.gov.au/contacts/forms/services/services-form.htm) and receive the attached reply after about a month.

 

I send them a big complaint... about many things related to this visa and also mentioned about the difficulties that a person could have to face in life, if he/she needs to wait for 16 years to get RRV visa....Also guys please note that you will always get a generic (copy-paste) reply for generic complaint...... you need to show your full frustration in your complaint in order to force the minister to write you a reply....you can see the second page of the attached pdf where they mentioned that they will consider my views as they started next year migration planning.

 

Next, I am waiting for the elections to get over and then will harass my MP to take this matter further...I don't want to leave any stone un-turned as I strongly believe in the quote - "

You may never know what results come from your action. But if you do nothing, there will be no result for sure".

 

Also this is not the task of one person to make this happen, everyone has to contribute their best....if you do not want to count the next year's planning level for RRV on your fingers....

 

 

reply from diac.pdf

reply from diac.pdf

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  • 2 weeks later...
  • 2 weeks later...
Looks like Scott Morrison is set to become the new Immigration Minister. Here's hoping for a change for the good.

 

I wrote to his office before the election asking him to state his position on family visas. I followed up and unfortunately they refused to reply. Not looking hopeful.

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