13 Jun Request for More Information – the Good, the Bad, and the Ridiculous
Let’s get the legal jargon out of the way early: Section 56 of the Migration Act 1958 (further information may be sought) allows for additional information to be requested when making a decision to grant or refuse an application. The case officer emails the ‘authorised person for all written correspondence’. In industry, we refer to it simply as an ‘RFI’, which is short for ‘Request for Further Information’.
What it means essentially is that, although the case officer can refuse based on all information provided (all of which they must consider), they are also allowed to seek further clarification (although they are not bound to do so, therefore consider yourself lucky if asked). This could be evidential such as a document(s), or explanatory in the format of a submission, which may also include documents and further evidence to substantiate your claims.
How detrimental the situation is can usually be indicated by the timeline the Department provides:
- 28 days: The most common and lengthiest duration given to respond.
- 14 days: Half the time usually allocated, not as common.
- 5 days: The case officer is very sceptical and on track to refuse unless you can convince them otherwise.
When further clarification is needed from a 28 day request, a second request is usually assigned for 14 days, if you are fortunate enough to have such an opportunity (as the Department don’t have to ask for any further information at all).
It’s not all doom and gloom though. To give you further insight, I’ve put together a positive, a negative, and a flat-out ridiculous example of what an RFI may contain:
THE GOOD:
The case officer might have a perfectly sensible and obtainable request, especially in applications where several months or financial quarters have passed since the date of lodgement. Typically in an employer sponsorship application for example, this could involve a case officer asking for updated financials and organisation chart update. PLEASE NOTE – A good agent like myself would update pending cases every 3 months (financial quarter) regardless. Something longer than a year like a regional 187 sponsorship you would also look to do an updated salary justification, which although tedious is something I do when every 9 months lapsed. If you are sceptical that your agent hasn’t done this, then contact them and ask, you are within your rights as a client to do so. Don’t take ‘the Department will ask for that information if they want it’ excuse, because the case officer is certainly not required to do so and can refuse the application based on the information provided. I hear of this all too often when other agents come to me needing the expertise to fix this mistake.
THE BAD:
If unprepared or ill-advised, you may be asked for information or evidence which is historical and something you can’t simply ‘whip up’ to save the case. A recent example of this is an agent that came to me in April whose client was being questioned about the lack of Labour Market Testing provided, the case officer fairly asking for proof of the job advertising that occurred such as invoice(s) for advertising that claimed to happen, with subsequent copies of the applicant’s resumes, etc. The plot twist: the agent told me that it never occurred! You what mate?!? A classic example of having to turn away work, I told him “how can I help justify what happened if there is no historical and factual proof?” I didn’t bother following up with him after the 14 days, I know it would have been refused. Dare I say it was a nasty lesson learned.
THE RIDICULOUS:
Earlier this month a peer received an RFI requesting evidence of English level, even though sufficient evidence was provided and acknowledged by the Department. Case officers are also known to request documents that have already been provided and clearly labelled. With human processes comes an unfortunate possibility of human error, and as such don’t be surprised (just assertive) if you receive an RFI for something already clearly provided. Although a chance to fight it, just consider yourself lucky that it wasn’t flat out refused.
It goes without saying, but if you get an RFI and you haven’t engaged in any advice then it is certainly worth your time and money in doing so. Don’t hesitate to reach out any time.
Evan Bishop MARN 1679414
Owner – Worldly Migration
Disclaimer: The views and opinions expressed in this article are those of the authors
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