Seeking Appeal / reconsideration procedure -- Expert opinion required

[-i-]

Dear well-wishers, helpers, knowledgable people,

If someone could take few minutes and contribute their opinion in my strange case:

The following is the timeline of events. And following is the brief explanation followed by my query:

Timeline
+ July 2008 - application submitted to London office, all eligibility requirements checked and met (personal assessed)
+ Nov 2008 - Ministerial Instructions issued, shortlisting a few occupations
+ Dec 04, 2008: Processing of application started (as per application status check on the website)
+ Feb 12, 2008: Date of letter written back to me informing me of the 'decision' of my application


Explanation:
+ After carefully checking my eligibility for the whole process, I contently submitted my application for the Skilled Worker (Independent) category in July 2008. I applied to the London office, since I'm resident of AbuDhabi. This application detailed my work experience which consisted of:
- (more than) >1 yrs in occupations outside of the list issued in Ministerial Instructions of Nov 2008
- (less than) <1 yrs in an occupation from the shortlist of 'priority' occupations in Minister's instructions
+ By Jan 13, 2009 my experience in the 'priority' occupation met the 1-yr mark.
+ By Feb 12, 2009 a representative from the immigration section (Sydeny) wrote back regarding the (unsuccessful) 'decision' made towards my application, quoting "we are unable to process your application at this time. The fees you have paid are refundable. You will receive a cheque eithin a few weeks".
+ Also noteable is another recent change in policy by the immigration authorities, that one can only apply in my immigration class if they have 1 or more years of work experience in the listed 'priority' occupations only!

Query:
+ Whatever the changes in mood and policies of the immigration authorities, these have come about well after I had submitted my original application, which included the start date of my current (priority) occupation, indicating that Jan 13, 2009 would be its first anniversary.
+ So my query is... can they? will they reconsider?
+ Can I appeal? and how? what's the procedure (i humbly request eventho it might be the umpteenth time)? what are my chances? what are your recommendations?[/list]

I will look forward to a response as soon as possible. Thankyou for your attention.
I wish all my fellow applicants the best! Cheers

 

[rupeshhari]

this is just my opinion and i am no expert.

The rule at the time of your application is that you will be processed under the new rule (whenever it would come out).

The new rule was that you have to have one year of ministerial instruction experience at the time of your application, not at the time of your processing. How do they know that you didn't leave your job between the time of your application and time of process and hence, did not get 1 year of ministerial instruction experience.

Since, you did not qualify under the rule at the time of your application, you don't qualify based on your application.

I would suggest that you apply now since you have gotten that one year experience.

"Whatever the changes in mood and policies of the immigration authorities, these have come about well after I had submitted my original application,..."

I sincerely believe that you were not declined based on the mood of the officer but based on the rule at the time of your application. The rule at the time of your application was that you will be evaluated under the new rule (whenever it would come out). This is why many people waited for the new rule to come out.

 

[-i-]

Thank you for your time and opinion rupeshhari. I really appreciate it.

It appears that some stinking luck is the final answer to my case. As I was just 1 month short on the 1-year (minister-shortlisted) occupation. Now altogether my application will be basically delayed 10+ months, as I re-apply all over again.

But I'm hopeful there are always better things awaiting me next, when such unlucky delays intervene.
Thanks again, for you were the only 1 to reply out of the g'zillion users/viewers.

I end by wishing myself Good luck :-D
Cheers

 

[rupeshhari]

hey, people might not have replied because like you and me, they are not experts so don't want to lead you on a wrong path.

Seriously though, you should re-apply. By the time, you get your PR, the economy should be up again. Remember, it wont get delayed by 10months because now the rules are out, they will go with the normal processing times for the new rules as opposed to waiting for new rules like your application did. Good luck.