# Refusal Notice



## naveenoronha (Jun 13, 2014)

Hi guys,

I lodged my EOI around Oct '13 and got my invite around July14. I did this through an RMA in Sydney. He claimed a total of 60 points. But when the case officer took up my file, they discarded 20 points and thus refused my application. I lost the points as mentioned below

1. 5 points for work experience (originally claimed 10). My ACS work experience letter said - 'The following employment after February 2011 is considered to equate to work at an appropriately skilled level and relevant to 261112 (Systems Analyst) of the ANZSCO Code.
Dates: 02/07 - 06/13 (6yrs 4mths)
Position: Consultant
Employer: Preactor Software India Pvt Ltd
Country: INDIA'

Thus bringing 10 points down to 5 points.

1. 15 points for work experience. This was a real shocker, because my ACS certification said-'Your Bachelor of Engineering from Visveswaraiah Technological University completed April 2004 has been assessed as comparable to an AQF Bachelor Degree with a major in computing'. However the case officer said that he found now documents to support this.

Where does this refusal notice leave me and do I stand a chance of applying again?

Navveen


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## TheExpatriate (Feb 7, 2014)

naveenoronha said:


> Hi guys,
> 
> I lodged my EOI around Oct '13 and got my invite around July14. I did this through an RMA in Sydney. He claimed a total of 60 points. But when the case officer took up my file, they discarded 20 points and thus refused my application. I lost the points as mentioned below
> 
> ...



Point 1 is clear and is a very big mistake from your RMA. You should ask them to reimburse your cost, or complain to MARA

Can you elaborate on point 2? What does the CO mean by finding "now documents" ..... Do you mean new documents or no documents?


You can reapply but you have to start all over from the EOI step.


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## naveenoronha (Jun 13, 2014)

Yes I mean no documents.

Is there any period after which I can reapply? Will this refusal have a bearing on a new application?


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## TheExpatriate (Feb 7, 2014)

naveenoronha said:


> Yes I mean no documents.
> 
> Is there any period after which I can reapply? Will this refusal have a bearing on a new application?


you did not submit your testamur and transcript with your application?


WTF was your agent doing ?????? 


You can reapply now if you want, you just need to lodge a new EOI with the *correct work experience*


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## bigdaddy (Jul 4, 2014)

naveenoronha said:


> Hi guys,
> 
> I lodged my EOI around Oct '13 and got my invite around July14. I did this through an RMA in Sydney. He claimed a total of 60 points. But when the case officer took up my file, they discarded 20 points and thus refused my application. I lost the points as mentioned below
> 
> ...


sorry about your refusal news..

you should claim your money back from your agent ( Hope he is MARA agent) and complain to MARA for claiming points wrongly on the work experience part. 

For the educational points, this can be sorted if you can provide proper documents, again your agent should have guided you.....

Anyways, you cannot do anything with the refusal as there is nothing you can do to sort the lost points on work experience....its a blunder by your agent...

you can start the process again with either better IELTS score there by points or go for State sponsor for the lost 5 points...


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## naveenoronha (Jun 13, 2014)

These were the exact words with regards to the educational qualifications - 'You have made claims you have an award of at least a bachelor qualification, by another
educational Institution, that is of a recognised standard. No evidence has been provided to
support these claims, and no points are awarded.'


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## TheExpatriate (Feb 7, 2014)

naveenoronha said:


> These were the exact words with regards to the educational qualifications - 'You have made claims you have an award of at least a bachelor qualification, by another
> educational Institution, that is of a recognised standard. No evidence has been provided to
> support these claims, and no points are awarded.'


he did not submit the documents.

Full refund OR MARA Complaint.


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## naveenoronha (Jun 13, 2014)

I agree it is a blunder from the agents end. Still shocked to have lost so much money!

But is not the point about educational qualification strange? Because even if it is not uploaded (system error) then the CO should request for this document right?

How easy is it to get a state sponsorship for a System Analyst?


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## naveenoronha (Jun 13, 2014)

Thanks for your comments guys, could you advice me about an MARA complaint?


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## samy25 (Oct 31, 2012)

Cant u provide ur degree n transcript to Co.. Did they send email to ur agent or to u? if they communicating with u then wat is the reason of not asking for doc?


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## TheExpatriate (Feb 7, 2014)

samy25 said:


> Cant u provide ur degree n transcript to Co.. Did they send email to ur agent or to u? if they communicating with u then wat is the reason of not asking for doc?


apparently he provided it to ACS (hence the positive qualification assessment), but the agent blundered again and did not send it to the CO or upload it with the application ......


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## naveenoronha (Jun 13, 2014)

They are communicating with the agent, not me. There was not mail requesting for the transcripts. But the startling fact is that without intimation of a CO being assigned or anything thing else a refusal notice was sent.


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## _shel (Mar 2, 2014)

naveenoronha said:


> I agree it is a blunder from the agents end. Still shocked to have lost so much money!
> 
> But is not the point about educational qualification strange? Because even if it is not uploaded (system error) then the CO should request for this document right?
> 
> How easy is it to get a state sponsorship for a System Analyst?


 They probably did request it, your agent may have ignored the request. 

However there was still an overclaim on work experience so it would have made no difference. 

You need to make a complaint to the agent first and wait for their response. If no response or they do not offer compensation you complain to the MARA.


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## samy25 (Oct 31, 2012)

TheExpatriate said:


> apparently he provided it to ACS (hence the positive qualification assessment), but the agent blundered again and did not send it to the CO or upload it with the application ......


u r right...but i am worried that y didnt CO ask for it.. seriously it made me worried n right now i am checking my immi account for no mistake


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## TheExpatriate (Feb 7, 2014)

samy25 said:


> u r right...but i am worried that y didnt CO ask for it.. seriously it made me worried n right now i am checking my immi account for no mistake


probably he did and the agent missed it


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## naveenoronha (Jun 13, 2014)

_shel said:


> They probably did request it, your agent may have ignored the request.
> 
> However there was still an overclaim on work experience so it would have made no difference.
> 
> You need to make a complaint to the agent first and wait for their response. If no response or they do not offer compensation you complain to the MARA.


Any advice on how i can proceed with an MARA complaint?


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## TheExpatriate (Feb 7, 2014)

naveenoronha said:


> Any advice on how i can proceed with an MARA complaint?


look it up on MARA website. www.mara.gov.au


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## _shel (Mar 2, 2014)

Only applicable if he is registered https://www.immi.gov.au/visas/migration-agents/reporting-problems.htm


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## naveenoronha (Jun 13, 2014)

TheExpatriate said:


> you did not submit your testamur and transcript with your application?
> 
> 
> WTF was your agent doing ??????
> ...


But the refusal will not have any negative bearing right?


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## TheExpatriate (Feb 7, 2014)

_shel said:


> Only applicable if he is registered https://www.immi.gov.au/visas/migration-agents/reporting-problems.htm


he said the agent was in Sydney, if he's not, he's in for the double trouble for illegally providing migration assistance. That's even worse (for the agent) and makes the OP in a better position if it was the case.


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## TheExpatriate (Feb 7, 2014)

naveenoronha said:


> But the refusal will not have any negative bearing right?


nope. You will just have to explain why it happened clearly in Form 80. and you need to achieve 60 points (your current score is 55) either by way of better IELTS, waiting until you achieve more work experience, or SS.


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## naveenoronha (Jun 13, 2014)

Do you guys recommend me doing this by my self or finding another agent?


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## TheExpatriate (Feb 7, 2014)

naveenoronha said:


> Do you guys recommend me doing this by my self or finding another agent?


sort out the issues first ...... Issues with the first agent/MARA, issues with your score, then consider reapplying


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## TheExpatriate (Feb 7, 2014)

samy25 said:


> BTW. just a thought... u got refusal letter through ur agent? r u sure or do u have receipt genuine that ur case has been even filed??
> 
> if not then may be ur agent ate ur DIBP fee also... its just a weird doubt.. but if i am at ur place i must have dig things ds way...
> 
> if u have ur application then call directly To DIBP n inquire ..


he can actually import the application into his own ImmiAccount using the TRN


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## naveenoronha (Jun 13, 2014)

TheExpatriate said:


> he can actually import the application into his own ImmiAccount using the TRN


I go the refusal letter from my agent, via the email sent to him from the CO. I have seen the string. It also has the documents which state the refusal details.


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## naveenoronha (Jun 13, 2014)

He is a trusted guy among our friends who have already move to Australia with his help. Thats the only reason i went ahead with him. He has a RMA number as well. So i dont believe he is a fraud. He has been at this since 1996. Just cant understand how the work experience part was overlooked.


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## naveenoronha (Jun 13, 2014)

Is this rule of experience after the cut off date a new rule? Or is this something that has been there earlier as well?


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## TheExpatriate (Feb 7, 2014)

naveenoronha said:


> Is this rule of experience after the cut off date a new rule? Or is this something that has been there earlier as well?


has been in place for almost a year and a half


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## NKF (Jul 1, 2014)

naveenoronha said:


> Hi guys,
> 
> I lodged my EOI around Oct '13 and got my invite around July14. I did this through an RMA in Sydney. He claimed a total of 60 points. But when the case officer took up my file, they discarded 20 points and thus refused my application. I lost the points as mentioned below
> 
> ...


Hi..naveenoronha

When u Lodged your visa is it in July 2014 ..


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## naveenoronha (Jun 13, 2014)

NKF said:


> Hi..naveenoronha
> 
> When u Lodged your visa is it in July 2014 ..


Hi EOI was lodged on Oct 27th 2013. Does that make a difference?


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## NKF (Jul 1, 2014)

naveenoronha said:


> Hi EOI was lodged on Oct 27th 2013. Does that make a difference?


No No difference at all..so i guess you got invite on July 2014...and When your agent applied Visa with your documents..


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## tirik.ijrad (Dec 22, 2013)

naveenoronha said:


> He is a trusted guy among our friends who have already move to Australia with his help. Thats the only reason i went ahead with him. He has a RMA number as well. So i dont believe he is a fraud. He has been at this since 1996. Just cant understand how the work experience part was overlooked.


You are a literate person. You must visit DIBP website or this forum and stay update of the happenings. You also must have queried him on time to time. If you have been following this forum, you must be aware of proceedings and thus you may have prevented such unfortunate situation.
BTW Ask your agent of your case movements with dates. Ask him/her to check junk e-mail folder. You will find gross negligence of your agent. Ask him/her to return back all your money. Give him timeline of two days or three days. If he delays or refuse to return it back than lodge complaint on MARA website. 
Till then, search for a MARA agent near your house. I recommend you for agent coz your case of a bit complicated now. 
Hope this gives you a direction to work on.


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## naveenoronha (Jun 13, 2014)

Thank for the time guys appreciate the inputs.


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## sarfraz.ahmed (Nov 4, 2013)

l whenevever they refuse your visa they give you so e speal period also. And also an opuetunity to submit an answer. I smell something here. Take things in ur hand. Call ur co. Talk to her about your degree and if possible reappear in ielts also at once. And also request if they fan fove you some days for new ielts score. But a refusal letter is not the end. It is just beggeging of another battle. Be brave.


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## TheExpatriate (Feb 7, 2014)

sarfraz.ahmed said:


> l whenevever they refuse your visa they give you so e speal period also. And also an opuetunity to submit an answer. I smell something here. Take things in ur hand. Call ur co. Talk to her about your degree and if possible reappear in ielts also at once. And also request if they fan fove you some days for new ielts score. But a refusal letter is not the end. It is just beggeging of another battle. Be brave.


I believe you are referring to the natural justice letter. Natural Justice letter and refusal are two different stories and are issued for different reasons.

I suggest importing the application into an ImmiAccount using TRN and then if status is Finalised and within the application it says Rejected/Refused, then there is no reason to waste time trying to talk to the CO


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## sarfraz.ahmed (Nov 4, 2013)

I think the grounds on which the visa os refused are contestable then it is worth an effort.


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## TheExpatriate (Feb 7, 2014)

sarfraz.ahmed said:


> I think the grounds on which the visa os refused are contestable then it is worth an effort.


there are no appeal/review rights for refusals for offshore applicants without an onshore sponsor (employer, relative). A refusal is final


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## _shel (Mar 2, 2014)

TheExpatriate said:


> there are no appeal/review rights for refusals for offshore applicants without an onshore sponsor (employer, relative). A refusal is final


 Thats right. Not that he has a chance, he blatantly didn't meet the requirements. Even if he did there are no appeal rights. You apply again proving your case.


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## naveenoronha (Jun 13, 2014)

Hi the refusal letter did say that they are not rights for appealing, however the agent has written a mail to them asking for reason why points were not given for educational qualifications. However it has been almost 3 weeks and there is no reply. Will it make things worse if i try to call when i have appointed an agent to communicate with DIBP for me?


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## TheExpatriate (Feb 7, 2014)

naveenoronha said:


> Hi the refusal letter did say that they are not rights for appealing, however the agent has written a mail to them asking for reason why points were not given for educational qualifications. However it has been almost 3 weeks and there is no reply. Will it make things worse if i try to call when i have appointed an agent to communicate with DIBP for me?


It really puzzles me that you still believe any thing that sorry excuse for an agent tells you


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## _shel (Mar 2, 2014)

Your educational points are irrelevant. You overclaimed on work experience so you would be rejected even if you did get the education points. 

Move on and plan on applying again, without the dodgy agent.


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## naveenoronha (Jun 13, 2014)

TheExpatriate said:


> It really puzzles me that you still believe any thing that sorry excuse for an agent tells you


I have been copied in the email he sent to them, of course it doesnt change the blunder, but just to let you know.


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## TheExpatriate (Feb 7, 2014)

naveenoronha said:


> I have been copied in the email he sent to them, of course it doesnt change the blunder, but just to let you know.


I mean believe him as in believe he is doing what is right, not that i mean he lied


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## naveenoronha (Jun 13, 2014)

_shel said:


> Your educational points are irrelevant. You overclaimed on work experience so you would be rejected even if you did get the education points.
> 
> Move on and plan on applying again, without the dodgy agent.


Yes i am waiting to get done IELS with an 8 in all i can get 10 more, that is the only way forward, since I have 55 points now. Its just that I am waiting for this issue with the educational points to be clear, in the sense I expect that if a refusal was given, it should have at least been with 55 points and not 40, as was done.


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## naveenoronha (Jun 13, 2014)

TheExpatriate said:


> I mean believe him as in believe he is doing what is right, not that i mean he lied


Yeah, Its obvious he has goofed up and am going to look for a refund if not take action by a complaint.


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## TheExpatriate (Feb 7, 2014)

naveenoronha said:


> Yes i am waiting to get done IELS with an 8 in all i can get 10 more, that is the only way forward, since I have 55 points now. Its just that I am waiting for this issue with the educational points to be clear, in the sense I expect that if a refusal was given, it should have at least been with 55 points and not 40, as was done.


Can you import the app and see what he has uploaded??


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## naveenoronha (Jun 13, 2014)

TheExpatriate said:


> Can you import the app and see what he has uploaded??


Hi, how do i import the app?


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## TheExpatriate (Feb 7, 2014)

naveenoronha said:


> Hi, how do i import the app?


go to Australian Government Department of Immigration and Border Protection

Create an ImmiAccount

Click Import Application

You will need to supply some information like Date of Birth, TRN for your visa application ....etc.

then you will see the application in your list, with status Finalised and if you click you can see all applicants on the application


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## rahulreshu (Aug 11, 2013)

naveenoronha said:


> Yes i am waiting to get done IELS with an 8 in all i can get 10 more, that is the only way forward, since I have 55 points now. Its just that I am waiting for this issue with the educational points to be clear, in the sense I expect that if a refusal was given, it should have at least been with 55 points and not 40, as was done.


While you do have 55 points now, it seems like you had 50 points at the time of filing your EOI. You said ACS considered your experience from Feb 2011 while you filed your EOI in Oct 2013 (less than 3 years experience and outside Australia) so wouldn't that mean you had 0 points for work experience back then?


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## naveenoronha (Jun 13, 2014)

rahulreshu said:


> While you do have 55 points now, it seems like you had 50 points at the time of filing your EOI. You said ACS considered your experience from Feb 2011 while you filed your EOI in Oct 2013 (less than 3 years experience and outside Australia) so wouldn't that mean you had 0 points for work experience back then?


The invitation was received on May 2014, hence the CO considered work exp till them which was 3 yrs + from Feb 2011. So I got 5 points for that.

Age - 25
IELS - 10
Work ex (more than 36 months) - 5


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## naveenoronha (Jun 13, 2014)

TheExpatriate said:


> go to Australian Government Department of Immigration and Border Protection
> 
> Create an ImmiAccount
> 
> ...


Thanks, will try that asap, this will not have in issue in case there is already and account created on be half by the agent right? Just checking cos and not sure how that works.


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## _shel (Mar 2, 2014)

Its fine, they created this system so applicants can keep an eye on their application if they use an agent. No issues at all.


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## naveenoronha (Jun 13, 2014)

naveenoronha said:


> Thanks, will try that asap, this will not have in issue in case there is already and account created on be half by the agent right? Just checking cos and not sure how that works.


Hi, I just did create and import and see the details. Under 'Qualifications - Overseas, Evidence of' it just says Recommended, whereas the others say received with a date. So does this mean that this has not been uploaded?

Is there any way i can view uploaded documents?

The status says finalized.


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## _shel (Mar 2, 2014)

Pretty sure it should say received in there. I've not used skill select but lots of posters here have. They will let you know.


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## TheExpatriate (Feb 7, 2014)

naveenoronha said:


> Hi, I just did create and import and see the details. Under 'Qualifications - Overseas, Evidence of' it just says Recommended, whereas the others say received with a date. So does this mean that this has not been uploaded?
> 
> Is there any way i can view uploaded documents?
> 
> The status says finalized.


EXACTLY what I was expecting. The mofo did not upload your certificate to substantiate your claim to ACS, hence you lost those 15 pounts .......


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## naveenoronha (Jun 13, 2014)

TheExpatriate said:


> EXACTLY what I was expecting. The mofo did not upload your certificate to substantiate your claim to ACS, hence you lost those 15 pounts .......


But is it not normal practice for the CO to ask for documents that are not there? I did read some where on the DIBP website that documents will be requested for within a stipulated period, in case we were not able to upload them.


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## TheExpatriate (Feb 7, 2014)

naveenoronha said:


> But is it not normal practice for the CO to ask for documents that are not there? I did read some where on the DIBP website that documents will be requested for within a stipulated period, in case we were not able to upload them.


True. In my case, my agent uploaded one of my wife's PCCs translation only without the original, the CO came back asking for it and gave us 28 days (my agent mailed it back immediately) ....... 

Probably, your agent missed the notification.


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## naveenoronha (Jun 13, 2014)

Alright, thanks for that.

I am considering using Y axis as my agent to lodge a new application, any takes on them? There are not MARA registered agents though. I know someone who recently got his PR through Y Axis.


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## TheExpatriate (Feb 7, 2014)

naveenoronha said:


> Alright, thanks for that.
> 
> I am considering using Y axis as my agent to lodge a new application, any takes on them? There are not MARA registered agents though. I know someone who recently got his PR through Y Axis.


You got screwed by a MARA agent, and now at least you have some recourse if your agent fails to comply with your request for refund. 

Non-MARA is even a worse idea. It's illegal (for them though not you), you have no one to turn to or to complain .... etc.


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## _shel (Mar 2, 2014)

After getting screwed by one legit agent why would you choose to use another that is unregistered and not got a great reputation?


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## naveenoronha (Jun 13, 2014)

I get your point, but can you suggest an alternative? Should i just do this myself?


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## TheExpatriate (Feb 7, 2014)

naveenoronha said:


> I get your point, but can you suggest an alternative? Should i just do this myself?


yourself or another MARA agent.


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## naveenoronha (Jun 13, 2014)

Hi, i am considering applying for state sponsorship as msw is opening up the gates on the 1st oct. I have all my documents with me. Although just needed to verify one thing. My acs assesment is valid to 26th sept. 
Will it be valid if i lodge my eoi now with this, while its still valid and wait for my application to get picked for state sponsorship? Or will i have issues when my case is being reviewed for state sponsorship, because that will happen after the 26th of sept?


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## GinjaNINJA (Apr 29, 2014)

naveenoronha said:


> Hi, i am considering applying for state sponsorship as msw is opening up the gates on the 1st oct. I have all my documents with me. Although just needed to verify one thing. My acs assesment is valid to 26th sept.
> Will it be valid if i lodge my eoi now with this, while its still valid and wait for my application to get picked for state sponsorship? Or will i have issues when my case is being reviewed for state sponsorship, because that will happen after the 26th of sept?


You would need new ACS mate. ACS should be valid while applying for NSW SS also before getting an invite.


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