Responding IMMI s57 Natural Justice

[Deep]

Hi Everyone

I need your opinion in my brother’s 489 visa application.
He lodged his file on 21/012/2016 as a baker , CO contacted on 16 January 2017, work experience physical verification on 21 November 2017. Then then like everyone his status changed to further assessment.

Now on 29th of March 2018 he got an invitation to comment IMMI s57 Natural Justice,

1.They have raised the issue like he was in neighbouring shop when they arrived there. ( someone was come to clean the oven and he went to his owner’s brother’s shop to request him to Drop that guy to the bus stand and came back to the bakery within 5-6 minuets)

2. When department officer visited the premises it appears as though you have never worked in the capacity of a baker but rather you handle the customers at counter. ( that day owner was not at shop because her wife was admitted in hospital, therefore my brother was looking after the customers and baking of products. And also they have one retail shop and one warehouse where they bake major products, and on retail shop they only do small productions, I think that’s why they raise this concern

3. The owner of the business confirmed that they do not issue the salary slip( as I told you owner was not their, his father was their who does not know the documentation)

4. The pay slips provided indicate that your salary was higher compare to the person who was working longer than you. ( the worker, who they asked his salary was only a helper not main baker and only help in baking process, he is an illiterate person who doesn’t have any other skill. They are paying my brother’s more than him because of his skills)

5. The owner was not able to provide any record of your employment ( as I told you he was not present in the premises, and when they ask if officers want to contact they can provide his contact number but they said no need to call him)

Besides the department officer asked him many quotations and he gave all right answers and also they ask him to bake something, which he did. And officer stop him when he made half tray of cookies and said I trust you. No need to bake all.


Can you guys please give your opinion that how should we answer these concerns.

Thanks in advance

 

[MysticRiver]

Oh my, that's some level of scrutiny!

Anyway, you (or your brother?) seem to have answers to all the questions, so I am not sure what you are asking here. All I can say is, just be bold, honest, polite and encourage them to double check the fact that raises doubt. For example, regarding your brother's payslips or higher salary, which you said is due to miscommunication resulted from the absence of the owner, explain them in precisely and clearly and provide them owner's contact number suggesting them that they can double check the fact. It'll exhibit your (or your brothers :S) confidence on the facts he mentioned.

 

[Deep]

Oh my, that's some level of scrutiny!

Anyway, you (or your brother?) seem to have answers to all the questions, so I am not sure what you are asking here. All I can say is, just be bold, honest, polite and encourage them to double check the fact that raises doubt. For example, regarding your brother's payslips or higher salary, which you said is due to miscommunication resulted from the absence of the owner, explain them in precisely and clearly and provide them owner's contact number suggesting them that they can double check the fact. It'll exhibit your (or your brothers :S) confidence on the facts he mentioned.

Thank you for your reply

My brother have to answer all these questions. Just asking for the suggestions, what evidences he can attach to make his coment strongly

 

[Vidyanath9]

Hi Everyone

I need your opinion in my brother’s 489 visa application.
He lodged his file on 21/012/2016 as a baker , CO contacted on 16 January 2017, work experience physical verification on 21 November 2017. Then then like everyone his status changed to further assessment.

Now on 29th of March 2018 he got an invitation to comment IMMI s57 Natural Justice,

1.They have raised the issue like he was in neighbouring shop when they arrived there. ( someone was come to clean the oven and he went to his owner’s brother’s shop to request him to Drop that guy to the bus stand and came back to the bakery within 5-6 minuets)

2. When department officer visited the premises it appears as though you have never worked in the capacity of a baker but rather you handle the customers at counter. ( that day owner was not at shop because her wife was admitted in hospital, therefore my brother was looking after the customers and baking of products. And also they have one retail shop and one warehouse where they bake major products, and on retail shop they only do small productions, I think that’s why they raise this concern

3. The owner of the business confirmed that they do not issue the salary slip( as I told you owner was not their, his father was their who does not know the documentation)

4. The pay slips provided indicate that your salary was higher compare to the person who was working longer than you. ( the worker, who they asked his salary was only a helper not main baker and only help in baking process, he is an illiterate person who doesn’t have any other skill. They are paying my brother’s more than him because of his skills)

5. The owner was not able to provide any record of your employment ( as I told you he was not present in the premises, and when they ask if officers want to contact they can provide his contact number but they said no need to call him)

Besides the department officer asked him many quotations and he gave all right answers and also they ask him to bake something, which he did. And officer stop him when he made half tray of cookies and said I trust you. No need to bake all.


Can you guys please give your opinion that how should we answer these concerns.

Thanks in advance

Which place is this ??

 

[Deep]

Which place is this ??

application is lodged from india

 

[SONAIKE OLUBUNMI STEPHEN]

Dear jeff,
I got a mail from dibp today on natural justice. Here is the detail of the letter.
justify the grant of the visa. The following applicant(s) included on your application for Student (subclass 500) must satisfy the PIC 4020 requirement. This means that failure to satisfy PIC 4020 by any one of them may result in each person included in this application being refused the grant of this visa.
your visa application you declared “No” and “Yes) for the questions: ? Has the applicant, or any person included in this application, held or currently hold a visa to Australia or any other country? You answered “Yes” Given details: Nairobi Kenya
? Has the applicant, or any person included in this application, ever been in Australia or any other country and not complied with visa conditions or departed outside their authorised period of stay? You answered “No”
? Has the applicant, or any person included in this application, ever had an application for entry or further stay in Australia or any other country refused, or had a visa cancelled? You answered “No”
? Departmental records indicate that SONAIKE Olubunmi Stephen has had applications for entry for Canada and USA and he has not travelled to this countries.
Please advise when did you apply and what the outcome of the visa applications was.
On the basis of the information above, you have in fact provided false and misleading information regarding your visa history on your current visa application. Your visa application may therefore be considered for refusal on the basis that you do not meet PIC 4020.
You are therefore invited to provide a detailed written comment on any of the above information. In addition, you are requested to provide any information that relates to:
? compelling circumstances that affect the interests of Australia; or
? compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen .
Timeframe for response You must respond to this invitation to comment within 28days after you are taken to have received this letter. You should provide your response in writing..
I was out of the country when my spouse made the visa application and was not ask if such a situation has occurred before.
What do u advise me to do

 

[Noor]

Thank you for your reply

My brother have to answer all these questions. Just asking for the suggestions, what evidences he can attach to make his coment strongly

Just provide him any corroborated evidence reagrding your claims, duch as owner's wofe hospital admission paper, pictures of you working in bakery warehousr. Any of the coworker recommendation. Etc. Just to prove your claim.

 

[MysticRiver]

I was out of the country when my spouse made the visa application and was not ask if such a situation has occurred before.
What do u advise me to do

That's not a strong argument, I would say.

 

[mike32]

hello i was issued a Natural justice letter due to an unverifed employer. i honestly did not know my employer was not licensed to operate. i have been adviced to withdraw my application to avoid a ban as my case is very weak. what are my chances of reapplying and gettinga visa

 

[MysticRiver]

Depends on your point and the current situation in your subclass.

 

[Arjun]

Depends on your point and the current situation in your subclass.

I have lodged my visa on the 25,06,2017 and was blessed with a baby girl on 15th of March 2018. I have informed the co about the change in the situation and then the next day i got a NJ 57 letter saying there was a problem in my employment verification. I have sent them the rely on this issue and i didn't hear from them for a long time. today they have created the application page for my baby. IS it a positive sign

 

[MysticRiver]

Maybe, but it's hard to comment. Better wait for them to communicate on your case.

 

[mohsinciddiki]

Maybe, but it's hard to comment. Better wait for them to communicate on your case.

@MysticRiver One thing which Came into my mind after reading this post, if someone has applied for other country's immigration (let say Canada), would it affect the Australian application in any way regardless the outcome of Canadian application ? This came because of this:
In addition, you are requested to provide any information that relates to:
? compelling circumstances that affect the interests of Australia; or
? compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen .

 

[JanithaR]

One thing which Came into my mind after reading this post, if someone has applied for other country's immigration (let say Canada), would it affect the Australian application in any way regardless the outcome of Canadian application ? This came because of this:
In addition, you are requested to provide any information that relates to:
? compelling circumstances that affect the interests of Australia; or
? compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen .

I'd like to know too.

 

[MysticRiver]

One thing which Came into my mind after reading this post, if someone has applied for other country's immigration (let say Canada), would it affect the Australian application in any way regardless the outcome of Canadian application ? This came because of this:
In addition, you are requested to provide any information that relates to:
? compelling circumstances that affect the interests of Australia; or
? compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen .

What I understand, DHA is worried about whether the applicant poses any threat to Australia, its citizen, and residents. If the visa refusal is not due to some security or other serious issues (e.g. many tourists visa applications to the USA are rejected each year), I don't think that'll impact the decision.

 

[mohsinciddiki]

What I understand, DHA is worried about whether the applicant poses any threat to Australia, its citizen, and residents. If the visa refusal is not due to some security or other serious issues (e.g. many tourists visa applications to the USA are rejected each year), I don't think that'll impact the decision.

Means other immigration applications should not impact their decision making process right? that the candidate is not serious about Australia and just want to have immigration from any country that is why he has applied for ither countries as well

 

[JanithaR]

What I understand, DHA is worried about whether the applicant poses any threat to Australia, its citizen, and residents. If the visa refusal is not due to some security or other serious issues (e.g. many tourists visa applications to the USA are rejected each year), I don't think that'll impact the decision.

That's good to know. Out of the blue, a New Zealand based company is quite interested in bringing me in and now I'm kinda torn between two worlds.

 

[JanithaR]

Means other immigration applications should not impact their decision making process right? that the candidate is not serious about Australia and just want to have immigration from any country that is why he has applied for ither countries as well

That's the idea that I got. I suggest you be upfront and honest about it though. For instance, my circumstances and yours are very different and it might come into play as to why you show a lesser commitment towards Australia in case if someone decides to question you.

 

[mohsinciddiki]

That's the idea that I got. I suggest you be upfront and honest about it though. For instance, my circumstances and yours are very different and it might come into play as to why you show a lesser commitment towards Australia in case if someone decides to question you.

I can be very transparent in every step. I just dont know if that would impact the decision making process or not even though I made everything transparent. If in anyway it can impact and questions about my seriousness, I can withdraw my Canadian immigration. What do you say ? If not, I can let it wait for its own time and will mention about it if anywhere it is asked during visa process

 

[MysticRiver]

Means other immigration applications should not impact their decision making process right? that the candidate is not serious about Australia and just want to have immigration from any country that is why he has applied for ither countries as well

Yes, I don't see that happening. Moreover, once someone is invited, the visa is guaranteed provided that there are no false declaration or security issues. And before the invitation, I don't think the authorities will do thorough checking on the past visa applications for nomination/invitation.