Filing Suite against DIAC.
Oct 7th 2008, 9:53 am
#1
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Thread Starter
Joined: Jul 2008
Posts: 39
Filing Suite against DIAC.
Hello Fellow Applicants.
In this forum some time ago, I had before expressed my fears about wide spread Visa Rejections in my region, without as much as a physical verification. We had filed under class 136BN.
Well our worst fears have come True and our journey ends here. We have been Rejected - Point Blank ! by Email, without as much as a verification.
The Rejection document states that "Applicant does not possess Govt. Recognized Trade Qualifications". Incidentally we applied before Sept 2007 and my wife has Eight years of experience in her field along with City and Guilds IVQ level III qualifications. Why is our application then accessed under post Sept 2007 Regulations??
I have consulted my Agent and also spoken to other agents in India, and they all say the same thing. DIAC has been Discriminatory.
I can understand we are from High Risk countries..But we are not Terrorists.
We have compared our timelines to fellow applicants from UK and other so called non high risk countries..similar profession..smilar qualifications, similar experience...similar timelines...but they have received Visa grants long ago.
My Agent in Australia has suggested that many of his clients in India and else where have also received similar assessments (Rejection without Verification... Trade Non Govt Recognized). They are now filing a legal suit against DIAC..and have hired an Attorney.. challenging their decision in court.
We have waited for this for too long and so have many like us from so called High Risk Countries. It is really shameful that Australia has not yet shed its White Australia Policy.
In this forum some time ago, I had before expressed my fears about wide spread Visa Rejections in my region, without as much as a physical verification. We had filed under class 136BN.
Well our worst fears have come True and our journey ends here. We have been Rejected - Point Blank ! by Email, without as much as a verification.
The Rejection document states that "Applicant does not possess Govt. Recognized Trade Qualifications". Incidentally we applied before Sept 2007 and my wife has Eight years of experience in her field along with City and Guilds IVQ level III qualifications. Why is our application then accessed under post Sept 2007 Regulations??
I have consulted my Agent and also spoken to other agents in India, and they all say the same thing. DIAC has been Discriminatory.
I can understand we are from High Risk countries..But we are not Terrorists.
We have compared our timelines to fellow applicants from UK and other so called non high risk countries..similar profession..smilar qualifications, similar experience...similar timelines...but they have received Visa grants long ago.
My Agent in Australia has suggested that many of his clients in India and else where have also received similar assessments (Rejection without Verification... Trade Non Govt Recognized). They are now filing a legal suit against DIAC..and have hired an Attorney.. challenging their decision in court.
We have waited for this for too long and so have many like us from so called High Risk Countries. It is really shameful that Australia has not yet shed its White Australia Policy.
Last edited by yoddha; Oct 7th 2008 at 10:00 am. Reason: spelling mistake
Oct 7th 2008, 1:55 pm
#2
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Joined: Mar 2007
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Re: Filing Suite against DIAC.
i think you may be clutching at straws here, on reading your other posts it seems that your wife is not fully qualified, as you say that the theory part is not scheduled until Dec '08. Also it looks like you have had more than one agent, i don't think this looks good to DIAC.
Oct 7th 2008, 2:21 pm
#3
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Thread Starter
Joined: Jul 2008
Posts: 39
Re: Filing Suite against DIAC.
i think you may be clutching at straws here, on reading your other posts it seems that your wife is not fully qualified, as you say that the theory part is not scheduled until Dec '08. Also it looks like you have had more than one agent, i don't think this looks good to DIAC.
No i did not have more than one Agent. My application was filed from India who was a subagent of a MARA agent is Australia. I was in touch with this guy directly. However I was not happy with my India agent as he was just a postman that is for sure, and planned to handle the case on my own so that i could communicate with DIAC directly. I was panicky because 136 applications in my region were getting rejected by the dozen without as much as a verification. And my agent was clueless what to do next on my application.
BTW watch out for this space, maybe you might hear of this in OZ papers. And I shall not be the only one (if i shall ) filing against DIAC.
Cheers
Last edited by yoddha; Oct 7th 2008 at 2:25 pm.
Oct 7th 2008, 2:30 pm
#4
Joined: Sep 2005
Posts: 23,400
Re: Filing Suite against DIAC.
My husband is from a high risk country and although his visa took alot longer to process due to intelligence checks, he was granted his visa.
He could have said 'I am not a terrorist' but that means nothing, the Australian government and intelligence have to do their own stringent checks on people no matter how good/nice/honest that person perceives themselves to be.
I think whatever DIAC base their decision on, I don't think you can call them racist.
Perhaps India has had a high number of fraudulent applications, who knows but they probably have their reasons.
Good luck in your fight but I would be careful of revealing too much of your legal battle on the internet, if you want to stand a chance in your application being processed, then accusing DIAC of being racist will not be the way to go.
As far as intelligence and security checks go, my husband didn't have a problem that they were checking him so thoroughly because in the long run, it makes for a safer Australia.
He could have said 'I am not a terrorist' but that means nothing, the Australian government and intelligence have to do their own stringent checks on people no matter how good/nice/honest that person perceives themselves to be.
I think whatever DIAC base their decision on, I don't think you can call them racist.
Perhaps India has had a high number of fraudulent applications, who knows but they probably have their reasons.
Good luck in your fight but I would be careful of revealing too much of your legal battle on the internet, if you want to stand a chance in your application being processed, then accusing DIAC of being racist will not be the way to go.
As far as intelligence and security checks go, my husband didn't have a problem that they were checking him so thoroughly because in the long run, it makes for a safer Australia.
Oct 7th 2008, 3:06 pm
#5
Cause WHATEVER was taken
Joined: Sep 2008
Location: Johannesburg, South Africa
Posts: 311
Re: Filing Suite against DIAC.
My husband is from a high risk country and although his visa took alot longer to process due to intelligence checks, he was granted his visa.
He could have said 'I am not a terrorist' but that means nothing, the Australian government and intelligence have to do their own stringent checks on people no matter how good/nice/honest that person perceives themselves to be.
I think whatever DIAC base their decision on, I don't think you can call them racist.
Perhaps India has had a high number of fraudulent applications, who knows but they probably have their reasons.
Good luck in your fight but I would be careful of revealing too much of your legal battle on the internet, if you want to stand a chance in your application being processed, then accusing DIAC of being racist will not be the way to go.
As far as intelligence and security checks go, my husband didn't have a problem that they were checking him so thoroughly because in the long run, it makes for a safer Australia.
He could have said 'I am not a terrorist' but that means nothing, the Australian government and intelligence have to do their own stringent checks on people no matter how good/nice/honest that person perceives themselves to be.
I think whatever DIAC base their decision on, I don't think you can call them racist.
Perhaps India has had a high number of fraudulent applications, who knows but they probably have their reasons.
Good luck in your fight but I would be careful of revealing too much of your legal battle on the internet, if you want to stand a chance in your application being processed, then accusing DIAC of being racist will not be the way to go.
As far as intelligence and security checks go, my husband didn't have a problem that they were checking him so thoroughly because in the long run, it makes for a safer Australia.
Oct 7th 2008, 5:25 pm
#6
Account Closed
Joined: Jan 2008
Posts: 352
Re: Filing Suite against DIAC.
My husband is from a high risk country and although his visa took alot longer to process due to intelligence checks, he was granted his visa.
He could have said 'I am not a terrorist' but that means nothing, the Australian government and intelligence have to do their own stringent checks on people no matter how good/nice/honest that person perceives themselves to be.
I think whatever DIAC base their decision on, I don't think you can call them racist.
Perhaps India has had a high number of fraudulent applications, who knows but they probably have their reasons.
Good luck in your fight but I would be careful of revealing too much of your legal battle on the internet, if you want to stand a chance in your application being processed, then accusing DIAC of being racist will not be the way to go.
As far as intelligence and security checks go, my husband didn't have a problem that they were checking him so thoroughly because in the long run, it makes for a safer Australia.
He could have said 'I am not a terrorist' but that means nothing, the Australian government and intelligence have to do their own stringent checks on people no matter how good/nice/honest that person perceives themselves to be.
I think whatever DIAC base their decision on, I don't think you can call them racist.
Perhaps India has had a high number of fraudulent applications, who knows but they probably have their reasons.
Good luck in your fight but I would be careful of revealing too much of your legal battle on the internet, if you want to stand a chance in your application being processed, then accusing DIAC of being racist will not be the way to go.
As far as intelligence and security checks go, my husband didn't have a problem that they were checking him so thoroughly because in the long run, it makes for a safer Australia.
I agree...very well put.
As you say the DIAC have their reasons and have their rules. If they didn't then Australia would end up like England!!
I hope things work out for you yodda as all we are trying to is better our lives but calling people,companies or whoever racists really gets me going!
Not the way to go if you want to be part of a welcoming society that is many parts of Australia.
Oct 8th 2008, 6:43 am
#7
Cause WHATEVER was taken
Joined: Sep 2008
Location: Johannesburg, South Africa
Posts: 311
Re: Filing Suite against DIAC.
What it must be like to not be white ... and always have an excuse for everything that goes against you.
Racism has nothing to do with it, and even if it does, it is the DIACs' perogative. Get over yourself and move on!
Racism has nothing to do with it, and even if it does, it is the DIACs' perogative. Get over yourself and move on!
Oct 8th 2008, 6:54 am
#8
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Joined: Jan 2007
Location: yangebup perth au
Posts: 2,505
Re: Filing Suite against DIAC.
My husband is from a high risk country and although his visa took alot longer to process due to intelligence checks, he was granted his visa.
He could have said 'I am not a terrorist' but that means nothing, the Australian government and intelligence have to do their own stringent checks on people no matter how good/nice/honest that person perceives themselves to be.
I think whatever DIAC base their decision on, I don't think you can call them racist.
Perhaps India has had a high number of fraudulent applications, who knows but they probably have their reasons.
Good luck in your fight but I would be careful of revealing too much of your legal battle on the internet, if you want to stand a chance in your application being processed, then accusing DIAC of being racist will not be the way to go.
As far as intelligence and security checks go, my husband didn't have a problem that they were checking him so thoroughly because in the long run, it makes for a safer Australia.
He could have said 'I am not a terrorist' but that means nothing, the Australian government and intelligence have to do their own stringent checks on people no matter how good/nice/honest that person perceives themselves to be.
I think whatever DIAC base their decision on, I don't think you can call them racist.
Perhaps India has had a high number of fraudulent applications, who knows but they probably have their reasons.
Good luck in your fight but I would be careful of revealing too much of your legal battle on the internet, if you want to stand a chance in your application being processed, then accusing DIAC of being racist will not be the way to go.
As far as intelligence and security checks go, my husband didn't have a problem that they were checking him so thoroughly because in the long run, it makes for a safer Australia.
the op was given a reason why his visa application was rejected - his/her skills are not recongised in au simple sorry harsh but true he was given a reason which has nothing to do with racisim or any other reason but that his skill were not good enough
Oct 8th 2008, 8:09 am
#9
Forum Regular
Joined: Jul 2007
Posts: 80
Re: Filing Suite against DIAC.
Have you contacted a reputed agent yet? You should if you haven't yet.
Oct 8th 2008, 9:01 am
#10
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Joined: Apr 2008
Posts: 60
Re: Filing Suite against DIAC.
if you really think that any injustice have been made to you then go for it.
Oct 8th 2008, 8:13 pm
#12
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Joined: Oct 2008
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Posts: 348
Re: Filing Suite against DIAC.
My view is that if i hated gambling (or racists) then i wouldnt be trying to pursuade a casino manager (or DIAC) to let me into the casino!
If was you i would say, "fine australia, i'll go somewhere im wanted". Do you really want to be granted a visa on the basis that you sued DIAC or would you prefer to go to a country where they wanted you and welcomed you? Personally, id take the view that if you dont want me then i dont want you - think of it like a divorce (you dont take your ex-wife to court cause you want to remarry her!!).
Best of luck with your future migration plans - try new zealand??
Oct 8th 2008, 10:15 pm
#13
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Joined: Jan 2008
Posts: 352
Re: Filing Suite against DIAC.
I copy the Princess, if you believe australia to be racist then why are you desperate to move to australia by reapplying/suing?
My view is that if i hated gambling (or racists) then i wouldnt be trying to pursuade a casino manager (or DIAC) to let me into the casino!
If was you i would say, "fine australia, i'll go somewhere im wanted". Do you really want to be granted a visa on the basis that you sued DIAC or would you prefer to go to a country where they wanted you and welcomed you? Personally, id take the view that if you dont want me then i dont want you - think of it like a divorce (you dont take your ex-wife to court cause you want to remarry her!!).
Best of luck with your future migration plans - try new zealand??
My view is that if i hated gambling (or racists) then i wouldnt be trying to pursuade a casino manager (or DIAC) to let me into the casino!
If was you i would say, "fine australia, i'll go somewhere im wanted". Do you really want to be granted a visa on the basis that you sued DIAC or would you prefer to go to a country where they wanted you and welcomed you? Personally, id take the view that if you dont want me then i dont want you - think of it like a divorce (you dont take your ex-wife to court cause you want to remarry her!!).
Best of luck with your future migration plans - try new zealand??
Brilliant!
Oct 9th 2008, 12:09 am
#14
Forum Regular
Joined: Oct 2007
Location: Beerwah, SE QLD hinterland
Posts: 229
Re: Filing Suite against DIAC.
Sorry but I also have to disagree with you, the company I work for in Canberra, a high profile engineering firm I would say has as many as 10 Indian origin, about 5 Asian origin, only 1 pom (me), an Italian lady and about 15 Australians. This is just Canberra and we have offices in all the major Australian cities which all have a similar structure.
Are you sure your agent hasnt made a hash of your app/advice they gave you and are now trying to make excuses?? Its also laughable you think of Australia as white, its massively multi-cultural, especially in the major cities to which Ive experienced most.
Are you sure your agent hasnt made a hash of your app/advice they gave you and are now trying to make excuses?? Its also laughable you think of Australia as white, its massively multi-cultural, especially in the major cities to which Ive experienced most.
Oct 9th 2008, 7:11 am
#15
Cause WHATEVER was taken
Joined: Sep 2008
Location: Johannesburg, South Africa
Posts: 311
Re: Filing Suite against DIAC.
I copy the Princess, if you believe australia to be racist then why are you desperate to move to australia by reapplying/suing?
My view is that if i hated gambling (or racists) then i wouldnt be trying to pursuade a casino manager (or DIAC) to let me into the casino!
If was you i would say, "fine australia, i'll go somewhere im wanted". Do you really want to be granted a visa on the basis that you sued DIAC or would you prefer to go to a country where they wanted you and welcomed you? Personally, id take the view that if you dont want me then i dont want you - think of it like a divorce (you dont take your ex-wife to court cause you want to remarry her!!).
Best of luck with your future migration plans - try new zealand??
My view is that if i hated gambling (or racists) then i wouldnt be trying to pursuade a casino manager (or DIAC) to let me into the casino!
If was you i would say, "fine australia, i'll go somewhere im wanted". Do you really want to be granted a visa on the basis that you sued DIAC or would you prefer to go to a country where they wanted you and welcomed you? Personally, id take the view that if you dont want me then i dont want you - think of it like a divorce (you dont take your ex-wife to court cause you want to remarry her!!).
Best of luck with your future migration plans - try new zealand??