George Lombard

See http://www.austlii.edu.au/au/cases/c...2009/1689.html - the Department of Immigration counter staff are helpful but the system is frustratingly complex for everyone. Always get it in writing, and always check your rights.

Cheers,

George Lombard

LisaIan

It appears I deleted my own message

I have just read through this and I find it shocking.

My partner and I are currently here on Working Holiday Visa's and have had our 2nd whv approved for a while now.

I just can not fathom why they would not approve this when it is abundantly clear that the only reason the applicant undertook the mining work in WA was to achieve the visa and on the say so of the dept' of immigration staff that it would meet the requirements. I mean, where is the DIAC accountability in all of this?

In the last 2 weeks alone I have met 3 people who all have the 2nd whv, and none of them have actually carried out the 3months of specified work. I might add, I didn't even know these people and they just volunteered this information after about 5mins of conversation. So blasé about the whole thing.

I think it's ridiculous that when somebody actually works hard and aims to achieve this in the correct way, they get shot down because of what? technicalities that would never have arose had the staff in Perth been accurate in their information in the first place?

We initially had a few issues when trying to obtain our 2nd whv, namely the information given on the immi' website is really confusing and leaves things open to interpretation and the people I spoke in their help centre seemed only able to read what was written on the website as opposed to actually answer my questions with definitive answers!! Very frustrating! I finally found someone who agreed with what I was saying and I asked for it in writing so to avoid a situation like yours, and they just refused saying that they were "not allowed" to send out personal emails or give me the full name of the person who supplied the information!!.....oh, i wonder why?? In the end we ended doing 30 days over the required 88 because of this!!

I think DIAC would be better off chasing the real con artists who are obtaining the extension illegally than punishing people in instances like this.

Right, rant over!

George Lombard

Hi Lisa,

Yes, quite correct. The problem was that the Tribunal did not have the right to reverse the decision, and hopefully the Minister will sort it out using his discretion under s.351, but it must have been awful for for the applicants.

Cheers,

George Lombard

mark213

I agree with the finding - otherwise any tom/dick/harry could say "the counter staff said....." and get away with it regardless.

If there was a recording of the conversation or as you say in writing, what do you think the outcome could have been? Still dont think it reverses it as its actually against the rule in place anyway.

George Lombard

If in writing the case officer making the original decision might have shown flexibility not open to the MRT.

Cheers,

George Lombard