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Subclass 189 S57 - Natural Justice Letter | PIC 4020 - Received against 189 VISA Application

ahrizvi

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Hi I have got a s57 IMMI - NJL and required to comment on adverse information received. The CO has mentioned that a google search on my name was done and it returned my LinkedIn profile. A screenshot of the profile view they got has also been shared with me.

As per the profile view they had , they understood that my experience starts from year of 2017 instead of my claims of since 2014. However my profile was complete and up to date and it is a social media profile which could have been incomplete too, I do not understand how it can be made a basis of issuing a Natural Justice Letter esp when it is 189 case. The reason CO was not able to see my complete profile was that she is not my connection and hence was only able to see my profile's public view which was showing my current position since 2017.

I had already provided following to CO before getting NJL yet still got it

1) Work Exp Letter issue by HR
2) Pay Slips for the duration
3) Tax deduction Certificates
4) Income Tax Returns
5) Provident Fund Certificate
6) Complete Bank Statement of Salary account
7) Appraisal letters/Promotion letters
8) Joining Date Contract etc.

What is the best way to respond as to NJL ? I have not provided any bogus document and my HR team was not being contacted as well before issuance of NJL.
 
Last edited:
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mohsinciddiki

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The reason CO was not able to see my complete profile was that she is not my connection and hence was only able to see my profile's public view which was showing my current position since 2017.
Provide them the same reason and send them screenshots etc of your profile. Also, ask them that you have already provided the listed documents and can further provide the additional information if required. Your HR team can also be contacted in that case and they are ready to provide any relevant information. If everything is correct, then nothing to worry about just state all the facts and ask them to consider your documents again and let you know if anything else is required
 
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ahrizvi

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Dear Mohsin,

Thankyou so much for your response. I have responded to NJL as follow

1) Drafted a response to letter with screenshot of complete LinkedIn profile and with detail contacts like email and cell of HR team and manager

2) Another letter from HR manager validating my claim of employment

3) An email directly sent by HR to GSM team validating my claims and mentioning that if further info is required they can be contacted

4) A screenshot of email sent by HR to GSM attached in Immiaccount

5) A salary account maintenance certificate issued by my bank

6) A letter explaining and linking details of provided letter by bank with earlier provided evidence i.e. bank account number on payslips and bank statement etc

7) An Affidavit on Stamp paper mentioning on that my employment claims are valid and also given reference of my salary acnt in it etc..

It has been month since I have got the letter and I have provided my response as above, which I feel should be sufficent or else you may suggest for further stuff.

I have another challenge here that our HR manager who has issued me letters and sent them email ( he has cced hr team email as well) has resigned and will be leaving company by mid of next month. As I am not aware when CO will contact them, I am afraid that if they contact him after he resign he might not be reachable on email or cell as both are company given and will be suspended once employee leave.
 
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mohsinciddiki

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Dear Mohsin,

Thankyou so much for your response. I have responded to NJL as follow

1) Drafted a response to letter with screenshot of complete LinkedIn profile and with detail contacts like email and cell of HR team and manager

2) Another letter from HR manager validating my claim of employment

3) An email directly sent by HR to GSM team validating my claims and mentioning that if further info is required they can be contacted

4) A screenshot of email sent by HR to GSM attached in Immiaccount

5) A salary account maintenance certificate issued by my bank

6) A letter explaining and linking details of provided letter by bank with earlier provided evidence i.e. bank account number on payslips and bank statement etc

7) An Affidavit on Stamp paper mentioning on that my employment claims are valid and also given reference of my salary acnt in it etc..

It has been month since I have got the letter and I have provided my response as above, which I feel should be sufficent or else you may suggest for further stuff..
Seems sufficient. Just make your LinkedIn profile public for everyone.
I have another challenge here that our HR manager who has issued me letters and sent them email ( he has cced hr team email as well) has resigned and will be leaving company by mid of next month. As I am not aware when CO will contact them, I am afraid that if they contact him after he resign he might not be reachable on email or cell as both are company given and will be suspended once employee leave.
If other HR team is in the email, CO should contact them. Ask your manager/HR (if possible) to have an automatic respond on his emails once he leave to contact someone else in HR
 
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ahrizvi

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Seems sufficient. Just make your LinkedIn profile public for everyone.

If other HR team is in the email, CO should contact them. Ask your manager/HR (if possible) to have an automatic respond on his emails once he leave to contact someone else in HR
I see, I just did not change the privacy settings so that CO may not get an impression that I have made changes in my profile after getting NJL ?
 
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ahrizvi

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Seems sufficient. Just make your LinkedIn profile public for everyone.

If other HR team is in the email, CO should contact them. Ask your manager/HR (if possible) to have an automatic respond on his emails once he leave to contact someone else in HR
Hey Mohsin,

Thank you for your feedback. I have got my Grant Today :) I hope in case someone face relevant issue, he/she may find this thread useful
 
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2019-03-18
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mohsinciddiki

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Great! Congratulations :)
 
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ahrizvi

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Hey Mohsin,

Thank you for your feedback. I have got my Grant Today :) I hope in case someone face relevant issue, he/she may find this thread useful
Thanks :)
 
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mohsinciddiki

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ahrizvi

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Hi may i know how long does it take to receive the decision after submitting nj letter?
Hi Anita,

As per my experience it purely depends on case to case to basis. In my case CO raised a silly objection which you may read in this thread and I had provided evidence to counter that objection so my case was decided with in 29 days after NJL. But I have read and heard from migration agents that it can take longer if issue is complicated.

Some people also decide to withdraw application after NJL, because if it is with PIC 4020 condition, you may get banned for applying any visa for Australia for next 3 years. If you are confident that no wrong information is provided and nothing is bogus, it is good to respond to NJL very thoroughly with all the possible evidences which may clarify any doubts Home Affair may have due to which NJL is being issued and than wait for CO response without bugging them. If not, than withdraw your application to avoid ban.

Regards
Anfal
 
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Hi Anita,

As per my experience it purely depends on case to case to basis. In my case CO raised a silly objection which you may read in this thread and I had provided evidence to counter that objection so my case was decided with in 29 days after NJL. But I have read and heard from migration agents that it can take longer if issue is complicated.

Some people also decide to withdraw application after NJL, because if it is with PIC 4020 condition, you may get banned for applying any visa for Australia for next 3 years. If you are confident that no wrong information is provided and nothing is bogus, it is good to respond to NJL very thoroughly with all the possible evidences which may clarify any doubts Home Affair may have due to which NJL is being issued and than wait for CO response without bugging them. If not, than withdraw your application to avoid ban.

Regards
Anfal
Hi thank you so much for your reply. Actually i have also applied for 189 where we submitted my husbands bit course taught in english medium for functional english requirement but unfortunately his date of birth was wrongly stated in the character certificate. And he took eight years to complete the course due to his backpapers, my co tried yo contact his college before but got no response regarding this matter so they issued njl asking for valid reasons for this all adverse information. So we have submitted all his gradesheets where he appeared in the exam and passed years are clearly mentioned. We have also issued new character along with other college verification for delayed course completion and errors that happened from college side. Now his college has also replied back to the same email stating all the reasons but college just received automatic reply that saya mail will not be actioned so m bit confused if co going to check the mail or not? Coz college replied to that mail after four months. I am also worried if its sufficient or..? When i read abt ur situation it really gave me hope that may be we can also tackle wid it just hoping for the best.
 

ahrizvi

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Hi Anita, Don't worry if there is nothing Bogus and if everything is factual, you will get your grant. A few things you can do

1) Request your husband's college to take a screenshot of the email sent to CO/Immi Email address. You can also ask them to "Print to pdf". Attach these in your ImmiAccount in other's section. Name it like Email Sent Directly by XYZ to IMMI etc

2) Get a written evidence of the functional English from Institute on their letter head which should mention its address and contact details. The signing authority's name, designation and contact number should be printed on it and he should be reachable on it for next contacts.

3) Ask your husband to get an Affidavit ( I XYZZZ Solemely declare etc etc. explaining the situation in complete and concise way, give relevant references like the letter above and contact details and designation of POC etc ...and close it with something like the information provided is true and factual" ). The Affidavit should be on STAMP PAPER ( Legal significance), get it attested by Notary Public. Attach that to your IMMI account as well.

PLEASE NOTE THAT, I am providing you response based on my personal experience and knowledge. NJL is a complex matter and it may result in ban to apply for any VISA in future, so take it seriously. If there is something which was not factual and you submitted it anyway, then withdraw your application to avoid visa a ban. In this case, HomeAffair will not put a ban on you but will still keep your this application in record for future and will do more scrutiny in any future applications.

I suggest you to contact a MARA Agent and get consultation from him/her. He would charge you a bit but that is worth it. If you have already provided response to NJL so there is limited thing can be done by MARA Agent

Another thing, I am not sure 1) if PTE scores will be accepted now 2) if the achieved score is sufficient or not, as I do not know the min requirement as evidence of functional English.
 
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ahrizvi

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I understand the stress and anxiety you must have but if you are confident, if everything is valid and true, then only thing you should do is to wait patiently. You may not want to piss your CO off by frequent followups etc.

Hope it helps !
 
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I understand the stress and anxiety you must have but if you are confident, if everything is valid and true, then only thing you should do is to wait patiently. You may not want to piss your CO off by frequent followups etc.

Hope it helps !
Hi thanks for reply. Actually i have already submitted all the documents through agent including affidavit english verification and college's apology letter mentioning the reason behind not responding to email. We have tried our best to justify the issues raised by co on njl. I am just bit confused if i really can send the screen short of email reply from college now. Can i add further documents in immi ac now coz letter has been already sent to co by my agent at the moment. Its been a week actually. Your suggestions are really appreciated. Thnks!!
 

MysticRiver

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I think you'll be fine, @Anita00001, they will read the email sent by the college.
 
Hi there i recived Natural justice letter .
as per your experience or as per your case what date did you recieve natural justice letter and when did you get grant ?
M still waiting for decision just replied two weeks ago. We have submitted my husbands english medium verification to claim functional english but his dob was incorrect in one document and co noticed some years discrepancies in his completion year too so they contacted his college five months ago but college did not notice it and co suspected. Whats ur case and when did you reply nj??
 
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