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Thread: Ombudsman complaint re: cherry-picking of SMC applications

  1. #101
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    Has anyone had a positive outcome from forwarding a INZ complaint to the ombudsman?

  2. #102
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    Quote Originally Posted by Yanco View Post
    Has anyone had a positive outcome from forwarding a INZ complaint to the ombudsman?
    Iíve submitted my complain to Ombudsman on the 7th Feb 2020. Still awaiting feedback. Will post the response here once available.

  3. #103
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    Not since late-January when someone from the Office of the Ombudsman contacted me to say they would investigate the SMC issue.

    Things move verrrry slowly through the Office of the Ombudsman, unfortunately. I have another complaint that I lodged in July last year that is not quite finalised yet.

  4. #104
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    Nope. I submitted my complaint on 13-Feb-2020. Did not receive any response yet.

  5. #105
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    Bit gutted to have received a reply from the Officer of the Ombudsman today, to advise that the Chief Ombudsman has no plans to begin a systemic investigation into INZ's practices of allocating SMC applications. They advise that the number of individual complaints about the issue will be progressed individually - but I guess because mine was about INZ's behaviour overall, and not a specific instance of wrongdoing to one individual, it can't be progressed. I do still have the option of asking the Ombudsman to pursue the issues I raised regardless (this was offered to me in the letter I received today) and I'm planning to put together an update regarding my correspondence with INZ since their 24 Feb announcement and pass it on to the Ombudsman (re: the queue still moving at a snail's pace and the Visa Operations Manager's denial that there's a backlog and stating that the 24 Feb announcement was never intended to reduce the queue wait times).

  6. #106
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    I have received communication today that the Chief Ombudsman is investigating my complaint and that today he has written to the Chief Executive of the Ministry of Business, Innovation and Employment to commence the investigation. He has sought information and comment from the Ministry, including all the relevant papers.

    Is it common for the Chief Ombudsman to commence an investigation?

    They also asked me to be patient. No worries, I've been trying to be patient the past 15 months :-D
    Last edited by Yanco; 17th April 2020 at 02:19 PM.

  7. #107
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    Quote Originally Posted by Yanco View Post
    I have received communication today that the Chief Ombudsman is investigating my complaint and that today he has written to the Chief Executive of the Ministry of Business, Innovation and Employment to commence the investigation. He has sought information and comment from the Ministry, including all the relevant papers.

    Is it common for the Chief Ombudsman to commence an investigation?

    They also asked me to be patient. No worries, I've been trying to be patient the past 15 months :-D
    Even I have received a similar email today from Ombudsman, let's see how far will it go and what will be the outcome.

  8. #108
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    Same here, presume they've lumped all our complaints together and identified an issue worth investigating and replied to the entire group of complaints at the same time. Good to know it is being looked at now though.

  9. #109
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    Itís good to know some is happening new. I am, at the same time, afraid once we ll be back on track from Covid 19 shut down, considerable no of applicants may not be in a position to join their jobs. What will happen to their applications?

  10. #110
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    Mar 2019
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    India
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    I had filed a complaint with the Ombudsman in March 2020 and received a reply today:

    Nature of my Complaint:

    1. My Application was filed on January 7th, 2019 - added screenshots of INZ website pages that explained what the qualification conditions were
    2. Submitted link to INZ official statement (uploaded last month to their website) that stated that since mid 2018, they had been using special prioritization criteria
    3. Explained that prioritization criteria does not include applicants like me - no job offer but remote jobs with 100K+ salary for each applicant (so technically we would still be paying taxes in New Zealand)

    Outcome Expected:

    Full Refund.

    We stated that the priority processing criteria has meant that our application would not be processed as per the promised time-period, and if we were made aware of these conditions and extended time-periods (15-months and over), then we would have never applied. Additionally, its already been 13-months (at the time of filing the complaint) and there's no possibility of the timelines being met.

    So we would like to withdraw our application and expect INZ to refund our application fee especially since they have not begun processing it.

    Ombudsman's Reply

    "I am writing on behalf of Chief Ombudsman Peter Boshier concerning your complaint against Immigration New Zealand, regarding the decision to prioritise allocation of certain Skilled Migrant Category visa applications.

    Mr Boshier is investigating your complaint."

    The investigation

    "I have today written to the Chief Executive of the Ministry of Business, Innovation and Employment to commence the investigation. I have sought information and comment from the Ministry, including all the relevant papers.

    We will keep you updated on the investigation."

    An Ombudsman’s role

    An Ombudsman may investigate any administrative action by a public sector agency which affects someone in their personal capacity.

    After investigating, the Ombudsman forms an opinion whether the action:

     appears contrary to law;
     was unreasonable, unjust, oppressive or improperly discriminatory;
     was in accordance with a rule of law, legislative provision or practice that is or may be unreasonable, unjust, oppressive or improperly discriminatory;
     was based wholly or partly on a mistake of law or fact; or
     was wrong;

    and whether:

     a discretionary power has been exercised for an improper purpose or on irrelevant grounds; or
     reasons should have been given for the decision.

    The Ombudsman does not act as an advocate for either the complainant or the agency. The Ombudsman will form an independent opinion on the merits of the complaint.

    The investigation process

    The Ombudsman’s first step is to notify the Chief Executive of the agency that an investigation has been commenced. The Ombudsman will seek comments and relevant information from the agency, complainant and third parties as necessary.

    The complaint may be resolved during the course of the investigation—for example by the agency offering to remedy the matter of concern. If so, the Ombudsman may discontinue the investigation.

    If the matter is not resolved, the Ombudsman will provide any party adversely affected an opportunity to comment before forming a final opinion. Once a final opinion is formed, the Ombudsman can make any recommendations he or she thinks fit.

    If the Ombudsman decides to publish details of the matter, the parties would be advised.

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