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

  1. #211
    Join Date
    Feb 2011
    Location
    India
    Posts
    63

    Default

    Got a response from Office of the Ombudsman

    "We have now received the INZís response to the Chief Ombudsmanís provisional opinion. This will now be assessed before the Chief Ombudsman decides on his next steps."


    I was not informed about what was the Chief Ombudsmanís provisional opinion and INZ response to that.
    Does anyone know if I (Complaint lodger) am allowed to know/ask what was asked by Ombudsman and what response was provided by INZ ?

  2. #212
    Join Date
    Aug 2019
    Location
    New Zealand
    Posts
    293

    Default

    The ombudsman has finally made their decision and published it today. I won't post the entire 5 page letter but the shortened version is before February 2020 INZ were not breaking any laws but we're not acting fairly to applicants. The recommendation isn't exactly great but those that had to withdraw may be entitled to a refund under his guidance. The actual except I was sent is this;

    I have recommended that:
    1. INZ apologise to complainants for the disadvantage caused by its informal priority criteria
    between July 2018 and 23 February 2020.
    2. INZ refund the application fees, minus reasonable lodgement/administrative costs, to
    affected applicants who wish to withdraw their applications.
    3. Within 3 months, report back to my Office on the steps INZ intends to take to prevent
    similar issues from occurring again.
    I have asked INZ to advise me of the action it intends to take to implement my recommendations
    by 3 May 2021.

  3. #213
    Join Date
    Feb 2011
    Location
    India
    Posts
    63

    Default

    Yeah, I got the similar 8 page reply.

    /Rant
    This is outright fraudulent and frustrating ! They basically said INZ made a boo boo and they are wevy wevy sowvy. Imagine applicants saying that to INZ for any of their mistakes.

    This, even after I have a official letter from INZ stating that I would be assigned a case officer within 5 months. They don't bother to honor their own official statement.

    For me and my family, it was/is 2+ years (and counting) of excruciating wait, uncertainty, anxiety and financial loss.

    As for the refund - They are ready to refund minus reasonable lodgment/administrative costs - WHAT ? WHAT ???
    It's not our mistake, why should we bear the "administrative" cost. If anything, INZ should give me back my hard earned money with interest for the last 2 years

    Not sure how is this legal, swindling our hard earned money and making false promises.
    /End Rant

  4. #214
    Join Date
    Jul 2019
    Location
    New Zealand
    Posts
    124

    Default

    ....hmm, rather unsatisfying outcome. I am lucky enough to have residence now - after 22 months in the queue, but what about those who no longer qualify due to the wait?
    https://www.rnz.co.nz/news/national/...sidence-policy

  5. #215
    Join Date
    May 2019
    Location
    India
    Posts
    12

    Default

    Congrats to you Cheech on your residence.
    But I don't see anywhere mentioning for those who are in wait, they do not qualify.

  6. #216
    Join Date
    Aug 2019
    Location
    WELLINGTON
    Posts
    207

  7. #217
    Join Date
    Feb 2008
    Posts
    37,102

    Default

    Nothing there to say 'sorry', but that's a government department for you...

  8. #218
    Join Date
    Feb 2011
    Location
    India
    Posts
    63

    Angry Apathetic INZ

    This is what I received from INZ.

    One of the most apathetic response ever.
    No apology as well.

    Also, looks like pandemic is only affecting INZ since they expect us to send in our refund application through snail(physical) mail! No such restrictions while receiving candidates money.

    What a ripoff!



    Regarding application for: ____________________
    Client number: ____

    Weíre writing to you as our records show that you made a residence application under the Skilled Migrant Category (SMC) or the Residence from Work (RfW) Category between 1 July 2018 and 23 February 2020.
    During this time Immigration New Zealand (INZ) allocated these visa applications in accordance with an informal priority criteria. The Ombudsman has deemed this to be unreasonable.
    The criteria used by INZ for prioritising skilled residence applications was formalised on 24 February 2020 and has been used appropriately since. This can be found here.

    A refund can be given if:
    ē the SMC/RfW application was lodged between 1 July 2018 and 23 February 2020 (inclusive); and either:
    ē the application has not been allocated to an Immigration Officer (IO) at the time the request to withdraw the application with a refund is made; or
    ē the application has been allocated to an IO at the time the request to withdraw the application with a refund is made, but no assessment has been undertaken.

    If you wish to withdraw your application and meet the above requirements, you can request a refund of your application here.

    Application withdrawal and refund requests should be sent to:
    INZ, National Documentation Office, PO Box 76895, Manukau City, Auckland 2241, New Zealand.

    Refund requests will be processed as soon as possible.
    Please note that INZ is not able to receive a refund request by email due to banking regulations regarding the electronic transmission of banking information.
    If you donít wish to withdraw your application you donít need to do anything. Your application will remain in a queue until it is allocated to an Immigration Officer. Current processing times can be found on our website.

  9. #219
    Join Date
    Nov 2018
    Location
    New Zealand
    Posts
    85

    Default

    Apathetic is an understatement, I got this too, which clearly shows that INZ even when called out on their unfair and illegal behaviour would not apologise.

  10. #220
    Join Date
    Jul 2019
    Location
    New Zealand
    Posts
    124

    Default

    Quote Originally Posted by raghubhat View Post
    This is what I received from INZ.


    Refund requests will be processed as soon as possible.
    Please note that INZ is not able to receive a refund request by email due to banking regulations regarding the electronic transmission of banking information.
    If you donít wish to withdraw your application you donít need to do anything. Your application will remain in a queue until it is allocated to an Immigration Officer. Current processing times can be found on our website.[/I][/B]

    Current processing times? Their website states SMC/RFW processing times will be updated 1st April...

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