I have been saying this since 1999 to potential clients who initially call me for advice and it goes something like this. This is a usual conversation as they have probably already been refused by the department of immigration and border protection.
‘Oh, so you made an application on your own before or what was that, a ‘third party’ did the application on your behalf … Okay then but did you make a copy of the entire file?’
The answer is almost always … NO!
Where does that leave a registered migration agent like myself?
Well, my default position is always … “Okay then, I need to lodge for a Freedom of Information (FOI) application to the department of immigration so we can scrutinise what exactly you or the Third Party did lodge to the department so that we avoid at all cost any Public Interest Criteria 4020 issues, i.e. any potential false or misleading information and or bogus documents previously lodged to the department of immigration … even if the application was ‘only’ for a tourist visa.”
The reason for this will become very obvious once the applicant applies for a ‘permanent visa application for Australia from the Philippines’ in the future which include any SkillSelect, Child, Parent or Partner visa applications.
But what if I do make and FOI application and the response from the department is this:-
Hi Mr Respall,
Thank you for your email. My apologies for the delay in the decision.
You have requested the following:
REQUEST ALL RECORDS HELD BY THE DEPARTMENT OF IMMIGRATION AND BORDER PROTECTION IN RELATION TO MY EARLIER PARTNER VISA APPLICATION AND ANY OTHER INFORMATION OR FILE NOTES THAT DIBP CURRENTLY HOLDS ABOUT ME.
A thorough search of the Departmental system confirms that the client’s partner file has been missing from the overseas office.
I will be sending you a refusal as the file is missing, but will be releasing departmental case notes.
I will arrive at a decision in a day or two.
Supervisor NSW Freedom of Information
Information Management Branch | Corporate Support Division
Department of Immigration and Border Protection
T: 02 8861 4244 | F: 02 8861 4865
E: XXXXX XXXXXXX XXXXXXX
Well my first instinct was to email an associate of mine who happens to be a migration law specialist for any suggestions and my email stated the following:-
Has this happened to you yet, i.e. a message from the FOI that they can’t locate the applicants past file?
As you know the reasons for applying for an FOI is always to make ensure that our clients did not supply false or misleading information or documents that the department may use against them in a new application, i.e. PIC 4020 implications.
I will carefully TROLL through the ‘departmental case notes’ to get a better insight of their past application and why it was refused.
However, what else could you suggest I do to try and find the actual application they did?
Thank you and Mabuhay! I remain.
The law specialist’s response was:-
That is an interesting one. I have previously had matters where files were lost but never a whole partner file.
So, where does this leave me now?
• Well, it actually answers the question of today’s blog!
If you lodge your own visa application for Australia or you delegate it to a ‘third party’ make sure you make a copy of your ‘entire file’no matter what type of an application you make.
If you need further assistance with visa applications to Australia from the Philippines then please do not hesitate to contact us and entre your details on our REGISTER NOW! system on the homepage and lets ensure we lodge not only a ‘valid and genuine permanent visa application to Australia from the Philippines’ but make ‘scanned copies of the entire file that was lodged’ and as my book rightly announces AVOID THE MIGRATION MINEFIELD Safely Migrate to Australia from the Philippines.
Thank you and Mabuhay!
|More Changes To South Australia’s High Points System
new Feb 22, 2018
|February Changes To South Australia High Points System
new Feb 20, 2018
|Reason We Recommend PTE-A over IELTS
new Feb 20, 2018
|Family Safety Pack For Filipinos Travelling To Australia
Feb 19, 2018
|Personal Loan For Partner Visa Applications For Australia
Feb 19, 2018
|Why Secure A Certificate Of No Impediment (CNI)?
Feb 17, 2018
|Philippines 2018 Annulment Update for Australian Sponsors
Feb 13, 2018
|Partner UK 820 Application Being Processed Out Of Kuala Lumpur
Feb 06, 2018
|Which Is Better, Spouse or Fiancé Visa Australia?
Feb 05, 2018
|Facts About Australia Day
Jan 26, 2018