BN 136 Refused, Please help

Old May 29th 2008, 6:39 am
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Default BN 136 Refused, Please help

Hi every one:
My BN 136 visa application was refused by the case officer. It stated

"Please note that there is no right of review in respect of a decision to refuse an application for a Class BN Subclass 136 Skilled – Independent visa."

I don't want to go into so much detail, but the reason the case officer stated:

Staff of our High Commission in ***** conducted checks on the claimed employer including a telephone call to the Office Manager on ***. As a result of these enquiries, the following information was obtained:
• The Office Manager provided inconsistent information regarding the duties you perform to what was provided in the original reference letter. Of particular concern was that 50% of the duties you performed were Administrative tasks.

• When further verifiable documentation was requested, the Office Manager advised they would fax these documents to them and to call back in 20 minutes when they retrieved the file.

• When our staff called back after 20 minutes, they were advised the Office Manager was not in and to date have not received any documentation.

Now the points are:
1. They never conducted any checks except ONE phone call.
2. The caller did not introduce herself at all.
3. They never talked to the OFFICE MANAGER, only the secretary and they asked for very confidential information. Although illegal, the secretary provided as much as she could.
4. The secretary asked for contract papers. NO secretary in the world has access to confidential contracts. She asked for a name and number to fax them back when office manager came back, but very rudely the caller said she could not provide her with a fax number or name.

The Truth:
I have been working there for more than 7 years as a full time translator. I have signed contracts for every year. All the people in offices near our office know me and have seen me everyday.
How on earth I am supposed to prove this. After so much frustration I was able to find the caller and faxed her the latest contract. She merely admitted she had made a mistake but that the report has already been sent to CO.

Guys you can't realize how depressed I am. It is so cruel to be working in an office and because of a bl**dy mistake by some non sense lady your whole life is ruined.

PLEASE tell me if there is a chance if I claim an appeal through someone like George or tony or someone. It's just so unfair.
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Old May 29th 2008, 8:28 am
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Default Re: BN 136 Refused, Please help

I am very sorry for what happened. I really feel for you.

I applied 175 online in April 2008 as a translator and
what happened to you is absolutely shocking!!!

You should contact your CO directly and explain
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Old May 29th 2008, 8:45 am
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Default Re: BN 136 Refused, Please help

Originally Posted by Amir2008

PLEASE tell me if there is a chance if I claim an appeal through someone like George or tony or someone. It's just so unfair.
It can't hurt to drop them a line. Really sorry to hear what has happened and sending you some karma in hoping you can get things resolved.

Adi
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Old May 29th 2008, 11:55 am
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Default Re: BN 136 Refused, Please help

If everything is true as you described, I feel very sorry for you! It is scary if a refusal can happen as easy as that based on the happenings like you described I have no advice of what next, just loads of sympathy as I can imagine how devastated you must be...
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Old May 29th 2008, 12:54 pm
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Default Re: BN 136 Refused, Please help

Originally Posted by Amir2008
Hi every one:


PLEASE tell me if there is a chance if I claim an appeal through someone like George or tony or someone. It's just so unfair.
Talk to an agent on what you have to do.

On what I read on http://www.immi.gov.au/skilled/gener...-you-lodge.htm you have an invitation to comment.

Invitation to comment

If another person gives the department information that could result in your application being refused, the department may give you an opportunity to comment on the information. The department will make this decision on a case by case basis.

Important: You will need to comment by a set date. After that date, the department can continue processing your application whether you provide further comment or not. You cannot delay a decision by saying that you might give more information later.
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Old May 30th 2008, 4:40 am
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Default Re: BN 136 Refused, Please help

Originally Posted by Amir2008
Hi every one:
My BN 136 visa application was refused by the case officer. It stated

"Please note that there is no right of review in respect of a decision to refuse an application for a Class BN Subclass 136 Skilled – Independent visa."

I don't want to go into so much detail, but the reason the case officer stated:

Staff of our High Commission in ***** conducted checks on the claimed employer including a telephone call to the Office Manager on ***. As a result of these enquiries, the following information was obtained:
• The Office Manager provided inconsistent information regarding the duties you perform to what was provided in the original reference letter. Of particular concern was that 50% of the duties you performed were Administrative tasks.

• When further verifiable documentation was requested, the Office Manager advised they would fax these documents to them and to call back in 20 minutes when they retrieved the file.

• When our staff called back after 20 minutes, they were advised the Office Manager was not in and to date have not received any documentation.

Now the points are:
1. They never conducted any checks except ONE phone call.
2. The caller did not introduce herself at all.
3. They never talked to the OFFICE MANAGER, only the secretary and they asked for very confidential information. Although illegal, the secretary provided as much as she could.
4. The secretary asked for contract papers. NO secretary in the world has access to confidential contracts. She asked for a name and number to fax them back when office manager came back, but very rudely the caller said she could not provide her with a fax number or name.

The Truth:
I have been working there for more than 7 years as a full time translator. I have signed contracts for every year. All the people in offices near our office know me and have seen me everyday.
How on earth I am supposed to prove this. After so much frustration I was able to find the caller and faxed her the latest contract. She merely admitted she had made a mistake but that the report has already been sent to CO.

Guys you can't realize how depressed I am. It is so cruel to be working in an office and because of a bl**dy mistake by some non sense lady your whole life is ruined.

PLEASE tell me if there is a chance if I claim an appeal through someone like George or tony or someone. It's just so unfair.

Hi Amir sorry to hear abt that but don't lose hope becoz i know 1 case where the same thing happen than that person send the futhure doc to CO and after 3months he got the approval.

can u tell me the ur complete timeline and on which date they called ur office and on which date ur receive this Bad news.
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Old Jun 2nd 2008, 5:04 am
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Default Re: BN 136 Refused, Please help

hi


Amir can u tell me ur proff. and where r u from ,ur complete time and after how many days of employer check call u rec. this bad news.
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Old Jun 2nd 2008, 7:48 am
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Default Re: BN 136 Refused, Please help

you really need to take proffesional advice mate
whilst asking on a public forum my let a bit of steam and gain some moral support your not really going to get any proper advice


bite the bullet, get your wallet out, get some proffesional advice from a respected agent ( just ask on here there will be loads of recommendations ) and get moving

regards steve
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Old Jun 2nd 2008, 8:47 am
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Default Re: BN 136 Refused, Please help

Originally Posted by steve`o
you really need to take proffesional advice mate
whilst asking on a public forum my let a bit of steam and gain some moral support your not really going to get any proper advice


bite the bullet, get your wallet out, get some proffesional advice from a respected agent ( just ask on here there will be loads of recommendations ) and get moving

regards steve
I agree wholeheartedly. You're talking about the rest of your life here!

To get proper advice from someone reputable like George Lombard might cost you, but you've already spent around a $1000AUD or maybe more on the application & not getting your visa means it's money down the drain. Think of it as further investment in future earnings if you like.

Very best wishes on resolving this terrible situation.
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Old Jun 2nd 2008, 9:54 am
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Default Re: BN 136 Refused, Please help

Interesting...my company in Sydney had a call from Immi 2 weeks ago, checking that I was doing the job stated on my 457 and that I was still needed at the company etc...

So?

Well the tactic they used there was to speak with the receptionist rather than a manager. I guess may be they think they are less likely to be in on any scam (not that I am say that there is one in this thread starters case).

It did worry me that if the receptionist had said something untrue it could cause serious problems.
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Old Jun 2nd 2008, 2:43 pm
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Default Re: BN 136 Refused, Please help

Originally Posted by Red_V_Roger
Interesting...my company in Sydney had a call from Immi 2 weeks ago, checking that I was doing the job stated on my 457 and that I was still needed at the company etc...

So?

Well the tactic they used there was to speak with the receptionist rather than a manager. I guess may be they think they are less likely to be in on any scam (not that I am say that there is one in this thread starters case).

It did worry me that if the receptionist had said something untrue it could cause serious problems.
I am worried from what I read, as if they were to call my company, we have a switch board ( there are more than 15 departments in my company) and if they speak to the person on the switchboard, he/she may not have a clue about who I am. She would probably look up the computer, find my name and transfer it to my department.

Surely they ask on the application form for a contact name in the organisation. Isn't this the way they are supposed to do things. I am very worried by this... on the other side, if they were to talk to our administrator in the office she is just a filing girl, so not much she would be able to answer and following the logic she may ruin my application... what do I do... do I send and e-mail to EVERYONE in organisation telling them that if DICA call they must know who I am and what I do???? It doesn't really make much sense. I would expect DICA to be more on the ball and follow proper channels of communications.
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Old Jun 2nd 2008, 3:30 pm
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Default Re: BN 136 Refused, Please help

I shouldn't worry too much. DIAC doesn't contact all references (mine wasn't contacted) and the original poster maybe from a high risk country.
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Old Jun 2nd 2008, 3:49 pm
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Default Re: BN 136 Refused, Please help

Originally Posted by WS
I shouldn't worry too much. DIAC doesn't contact all references (mine wasn't contacted) and the original poster maybe from a high risk country.
Many thanks. This puts my mind to some ease... but still... wouldn't they call the person on the reference as opposed to just a receptionist
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Old Jun 2nd 2008, 4:49 pm
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Default Re: BN 136 Refused, Please help

Yes I guess they would try to speak to the person named on the reference. Remember we have only heard one side of the story!
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Old Jun 2nd 2008, 10:02 pm
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Default Re: BN 136 Refused, Please help

Originally Posted by WS
Yes I guess they would try to speak to the person named on the reference. Remember we have only heard one side of the story!
You are right. there is always the other side of the story.
I will sleep safe now.
all the best
Eda
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