A businessman/long-term Resident of Vanuatu passed this on to me – an analysis of the present situation regarding the PIO and George Bogiri…………

Immigration Act 2010
The Act sets out the law in respect of many issues, including how and whom various classes of visas shall be issued, rejected and cancelled. I have looked closely at the current issue whereby the Principal Immigration Officer (“PIO”) has announced a “department of immigration policy” that “all visa applications will be handled by a person whom the PIO has designated as an immigration officer under the Immigration Act of 2010.”

Executive summary
 The PIO has the right to appoint anyone as an Immigration Officer [s9(2)(d)];
 An application for a visa MUST be made to the PIO [s34(1)];
 The PIO MUST grant a visa if the applicant submits a valid application together with the prescribed (by regulation) “visa application charge” and meets the required standards relating to character, health and financial capacity or other prescribed criteria [s39(1)];
 If the PIO refuses an application, then the applicant MUST be given a notice in writing of the reasons, and may appeal the decision to the Minister [s39(2)];
 The Act contains no provisions for delegation of the PIO’s responsibilities.
PPO "strikes again"!Conclusion
In short, The Department CANNOT have a “policy” where “all visa applications and processing is (sic) no longer handled by the department.” Furthermore, the fee to be paid is the “visa application charge” prescribed by the Regulations.
If it assumed that the PIO and the Director General are familiar with the Immigration Act, then they must know that they are committing a fraud. By attempting to channel work through one particular immigration officer and charging an additional fee above the prescribed visa application fee, they are probably also committing acts of extortion.

As an added note from the same source: 

Incidentally, if paying the illegal fee is construed as bribery, then that is a crime for Australian citizens under Australian law.

Comments anyone?


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