# Natural Justice - Invitation to comment on information for a Skilled - Ind (sc-189)



## omkar13 (Feb 16, 2016)

Hi,
:help:
I received an email with subject: Natural Justice - Invitation to comment on information for a Skilled - Independent (subclass 189) visa.
My employment verification didn't went good as my employee did not recognised me when showed my image by verification team. ( I had a beard in my photo, as they need current pic while applying for visa) because of that he was unable to identify me but he identified me with my name and year of works. Furthermore, his company went in loss and shut down. This all resulted in Natural Justice email from my CO.
Now CO is asking me to provide docs to support my skill assessment and verification. i have already submitted 3 years of Income Tax returns and work reference letter from managing director during my application.
As of now, i cannot provide them bank statements, as my account was deactivated due to being inactive for more than a year. I am trying to get a letter from my past employee mentioning the mistakes he did and will withdraw my application to apply a fresh one with current experience.
Can anyone guide me how to withdraw my application as i don't have enough documents to prove them wrong beside a letter from my employee to justify the verification mistakes. Another reason to withdraw is i am getting married next month so will apply fresh visa with my wife and i also don't want to get banned for 3 years :help:.
Awaiting for earliest reply from the expatforum community. 
Thank You!
:help:


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## FFacs (Jul 6, 2016)

omkar13 said:


> Hi,
> :help:
> I received an email with subject: Natural Justice - Invitation to comment on information for a Skilled - Independent (subclass 189) visa.
> My employment verification didn't went good as my employee did not recognised me when showed my image by verification team. ( I had a beard in my photo, as they need current pic while applying for visa) because of that he was unable to identify me but he identified me with my name and year of works. Furthermore, his company went in loss and shut down. This all resulted in Natural Justice email from my CO.
> ...


What did the natural justice mail actually say? I can understand you not wanting a ban, but I find it hard to believe they would NJL you just because someone didn't recognise a picture of a colleague from a decade back (or whatever the time span was).


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## Appler (Oct 2, 2016)

omkar13 said:


> Hi,
> 
> As of now, i cannot provide them bank statements, as my account was deactivated due to being inactive for more than a year.
> :help:


Not a big issue its dormant account. Just do a small transaction in the account and request your bank to reactivate it and there you go, get the statement. That might help your CO to understand you were legally employed there.


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## tk123 (Jul 28, 2016)

https://www.border.gov.au/Forms/Documents/1446.pdf

you can withdraw using this form.


Sent from my iPhone using Tapatalk


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## sultan_azam (Sep 9, 2015)

visit bank and ask for bank statements , they will cooperate, else pull some threads with zonal manager

the person with whom verifiation was done, go to him with a letter having the photo you submitted and a new photo, in letter also write " this is mr xyz, working in our company since xx.20xx and delivering below mentioned roles"...

if possible ask your MD to help

applications involving Natural justice take some time to finalise, so after you get married, register in court asap, take marriage certificate, add spouse name in passport, add wife to your visa application using form 1436


all the best, dont be disheartened, NJ doesnt means your visa application will be rejected.


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## omkar13 (Feb 16, 2016)

FFacs said:


> What did the natural justice mail actually say? I can understand you not wanting a ban, but I find it hard to believe they would NJL you just because someone didn't recognise a picture of a colleague from a decade back (or whatever the time span was).


Departmental Officers visited the business address listed and found that
●He does not have any staff and reaffirmed that he just bids for the projects online, mostly
Search Engine Optimisation (SEO) projects and further outsources the projects to other
people available (online) to work on the project
● confirmed that he worked with one of his friends on an SEO project and had issued a
reference letter to them
● admitted to providing reference letters to associates of his friend
● could not recognise a photo of you but was able to recognise your name and confirmed
that you had both worked on an SEO project together but you were not his employee
● admitted that he had issued the reference letter with false claims on behalf of his friend.

Your referee then went on to admit his mistake and apologised for misuse of his official
company document. He confirmed that he did not have any employees and that he operates
his business from his residence and does not have an office elsewhere.

Based on the evidence and information before me, I reasonably suspect that you have
given to an officer in relation to this visa application a bogus document within the meaning of
Section 5(1) of the Migration Act:
Section 5(1) of the Migration Act states:
‘Bogus Document’ is defined in section 5(1) of the act which states:
bogus document, in relation to a person, means a document that the Minister reasonably
suspects is a document that:
(a) purports to have been, but was not, issued in respect of the person; or
(b) is counterfeit or has been altered by a person who does not have authority to do so; or
(c) was obtained because of a false or misleading statement, whether or not made
knowingly.
Specifically, as per Section 5(1)c of the Act, it is reasonably suspected that the work
reference from IB Softech is counterfeit or has been altered by a person who does not have
authority to do so.
Accordingly I have concerns that you may not meet Public Interest Criterion (PIC) 4020,
(a) subclause 4020 (1).
You may provide comment on the information that is considered to be false or misleading
or the document that is considered to be bogus, and specify if you believe there are any
compelling circumstances affecting the interests of Australia, or compassionate or compelling
circumstances affecting the interests of an Australian citizen, an Australian permanent
resident or an eligible New Zealand citizen, to justify the waiver of any or all of PIC 4020(1)
and (2) to justify the granting of the visa.

the above is mentioned in NJL


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## omkar13 (Feb 16, 2016)

sultan_azam said:


> visit bank and ask for bank statements , they will cooperate, else pull some threads with zonal manager
> 
> the person with whom verifiation was done, go to him with a letter having the photo you submitted and a new photo, in letter also write " this is mr xyz, working in our company since xx.20xx and delivering below mentioned roles"...
> 
> ...


Thanks! I will contact my bank to get more information on this.


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## FFacs (Jul 6, 2016)

omkar13 said:


> Departmental Officers visited the business address listed and found that
> ●He does not have any staff and reaffirmed that he just bids for the projects online, mostly
> Search Engine Optimisation (SEO) projects and further outsources the projects to other
> people available (online) to work on the project
> ...


First, edit the post to remove the business name and any other identifiable info.

Secondly this isn't about an old manager not recognising your photo. They are calling the reference fraudulent and it would appear this friend confessed everything. I strongly suggest you seek professional assistance from a MARA licensed agent. You cannot ask people here for assistance, it could be interpreted as assisting in the act of fraud.

Good luck.


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## omkar13 (Feb 16, 2016)

omkar13 said:


> Departmental Officers visited the business address listed and found that
> ●He does not have any staff and reaffirmed that he just bids for the projects online, mostly
> Search Engine Optimisation (SEO) projects and further outsources the projects to other
> people available (online) to work on the project
> ...


The above is mentioned in NJL. I don't know how to comment on this! I was working with that firm on online terms from 2012-15


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## omkar13 (Feb 16, 2016)

FFacs said:


> First, edit the post to remove the business name and any other identifiable info.
> 
> Secondly this isn't about an old manager not recognising your photo. They are calling the reference fraudulent and it would appear this friend confessed everything. I strongly suggest you seek professional assistance from a MARA licensed agent. You cannot ask people here for assistance, it could be interpreted as assisting in the act of fraud.
> 
> Good luck.


Ok! I have already made an appointment with MARA licensed agent, just wanted you opinion on this.
Thank You!


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## FFacs (Jul 6, 2016)

omkar13 said:


> Ok! I have already made an appointment with MARA licensed agent, just wanted you opinion on this.
> Thank You!


I really wish I could help, but am not qualified to do so. There appears to be something very different between the work portrayed in the reference and what they discovered on talking to your friend. An agent will be able to guide you on the best steps to take next. People here can offer you tips on documenting evidence, but you might be digging yourself deeper into a hole.

All the best.


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## sultan_azam (Sep 9, 2015)

omkar13 said:


> Departmental Officers visited the business address listed and found that
> ●He does not have any staff and reaffirmed that he just bids for the projects online, mostly
> Search Engine Optimisation (SEO) projects and further outsources the projects to other
> people available (online) to work on the project
> ...


things are not the way i believed it to be... what FFacs said is correct, seek help from MARA agent


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## liaqatali.mgi (Oct 12, 2015)

how did they do verification through physical visit on workplace either any other method


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