A January 2008 applicant from a HR country announced having a CO today.

This is not the argument/discussion!!! They are trying to sue for discrimination with no grounds! Not to argue that the DIAC havn't done the paper work quick enough! i'm with Pro princess and The O'neills...I don't fncy being blown up for no reason thank you, why do you think i wanna move away in the first place. Not Racist just being realistic about the crazy world that we are living in right now.

your right every one is entitled to a fair go
and having said that i would prompt you to go back and read the OP`s posts from the start, and "see" the whole picture
he has applied through some dodgy non registered indian agent/postman who passes the files onto to another agent in Au, his application is based on his wifes skills as a hairdresser which by the way are experiance only ie no formal training, and to date he`s threatened suing his agent ( which he carnt it he`s not mara registered and now the Diac on racists grounds )

like i said at the start everones entitaled to a fair go but where do you draw the line, i for one would not have been issued a visa on experiance only
its the same for all skilled visas since the closure of pathway D in sept 07
http://britishexpats.com/forum/showt...ight=pathway+d
in the OP`s post he claims to have submitted his application in Aug 07
i`m wondering with it going through his local agent/postman then onto an agent in Au maybe he just missed out and his application wasnt lodged in time, by the posters own word his indian agent has been less than useless
so its fair to presume that the local agent hasnt been truthful and admitted that it didnt ge there in time,



PS ive just read back to his first post in this thread and he now claims that she is city and guilds qualified which isnt true, well not from his previous posts it isnt, so the poster isnt being so truthful with his latest posts

posted aug 12th 08
Hi Everyone...My wife is a Hair Dresser with 8 years work experience and planning to appear for a City & Guilds test in August. We have filed for Skilled 136 BN in Aug 2007. Still CO not assigned


posted sept 19th 08
My wife has recently successfully completed City & Guilds Advanced Hair Dressing Qualification..(only Practicals). ( Theory scheduled in Dec 08.)


posted 8th Oct 08
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 think his own posts clearly show why he wont get a visa at this point perhaps when his mrs has done her theory exams and with the eight yrs experiance it will be a differnt matter but its anything but based on his race
which after all was the whole point of this thread

regards steve

Just to bring this thread back to the original issue. It's quite correct that a large number of Indian general skilled migration applicants who have been approved by TRA are now having their visa applications refused for very general reasons which might generously be described as raising the bar to its highest possible level - anecdotally because there were too many applications in the pipeline from Indian hairdressers, ie a sector of the labour market would be swamped without resolving the overall shortage of hairdressers. We have sought counsel's advice and at present a major barrier to resolving this in applicants' favour is the Federal Court decision in Lay Lat: http://www.austlii.edu.au/cgi-bin/si...C/2006/61.html .

Cheers,

George Lombard

It's always enlighting to read George Lombard's posts. This thread was getting a bit out of hand. People have a right to appeal, if that is allowed. Wish yodha best of luck.

A very reasonable post, Jamie. Everyone is entitled to a fair go and it is possible that Yoddha got a bad decision, no matter what he may have written on other threads.
As always, a voice of reason. Thank you George for posting that link.
Unfortunately, there is no right of appeal for a 136/175 visa. If however he was given a faulty decision he could try the lawsuit, or perhaps try again at a later date, once his wife is actually able to fulfill the criteria.

My wife got us into australia being a hairdresser.
I gotta say it wasnt an easy journey.
We lived in spain whilst we waited for PR and this made our wait for our application a long one. Over 18 months.
We had Aus embassy in Madrid phone to confirm work with oh's employers but that was months after DIAC had requested this. Lots of tooing and froing.
So I can't imagine what the journey would be like coming from a high risk country.
Gotta say we feel blessed we got in on oh's skills.
God bless Australia

This is one of the most interesting and well debated threads I've read on BE.

I particularly agree with the poster who asked why you would want to move to a country that you hold so much hostility for. It INFURIATES me when people who have immigrated here or are trying to (many who've never even set foot in the country) start spouting negative, uninformed generalisations about the place. It sounds like someone's ego just got hurt here.

Pretty much everything's been said so not much for me to add except that I can't see the logic in comparing a high risk timeline to a low risk equivalent, and also that there are several UK (low risk) applicants on here who have been waiting over a year now. It ain't discrimination, it's just the way it is.

I'm also disturbed to hear that AGENTS are using the word discriminatory in such an apparently carefree and ill-advised fashion?

p.s. Yoddha - how does this other post by yourself from another thread you set up align with your claim that Australia discriminates against Indian immigrants to the point they deserve to face legal action?

Thanks George for vindicating my position. I've heard from a Mara Agent who was in India recently; nearly 3000 Indian applications mostly 136 trade cases have been rejected point blank in last couple of months, without as much as a verification of credentials. Almost all have been sent identical rejection letters. I admit there shall be fraudsters..plenty of them..among these applicants. But DIAC has to show empathy at the same time that there are also genuine applicants among these...like us. Many of us have take bank loans, sold property to raise money just to pay our application fees and realize our dreams of better life out there. Well if the DIAC... did not want more hairdressers then they should have removed it from MODL.., should not have accepted our application in the first place. Are they refunding our application fees? Secondly they should have a common yardstick for all hairdresser applications from all countries..and not just restrict this to High Risk countries. We have postponed our life for nearly 2 years after filing our application. My wife wanted to expand her business..postponed plans for having a baby. I personally have rejected promotion in my company...because that would mean relocating to another country where my company has an office. This rejection has simply thrown a spanner in our plans. It is soooo disappointing.Im sorry for having ruffled feathers in this forum by my strong remarks. But it was an outburst and frankly this is injustice..what do i make of this? A big Tease. Every body who has posted here must put themselves in our shoes for a minute and feel what we are feeling right now.

You can't instruct a moderator to close a thread just so that you can have the last word. This is a very interesting debate and it's not a case of ruffling feathers - it's a case of people being interested in seeing facts and truth rather than hyperbole, sketchy information and anti-Australian propaganda.

yoddha: a tip for next time: write down all your frustrations and anger complete with expletives if necessary, then park the document somewhere safe. After a week has passed, re-read it and ask yourself if your cause will be advanced by placing it verbatim on a public forum. I hope things work out for you in the end.

very wise words!

(just make sure that your personal anger note doesnt get into the wrong hands! - and dont state any revenge threats or the police/FBI/secret service may jump on your back!!)

Why would the FBI or Secret Service get on someone from India applying for Australia? Both of those services are internal American police services and have absolutely nothing to do with Australia or India.

Well...i did think of writing "or the Australian equivalent". But i figured most people might get the meaning of my post. And the Americans love to arrest anyone who they think might cause a problem anyway!

Perhpas im just way off the mark, was trying to raise the issue that he shouldn't make idle threats, hypothetically, about DIAC. Suing them is one thing but if its an anger note it might progress to 'i wanna blow up all of DIAC because they are unfair'...etc. And in line with my earlier message - dont let the anger note get into the wrong hands!!!