ring3018

Hi Wai, What's your experience with AAT? How long did you wait for them to request more info? Did you prove everything else or just focus on the refusal reason? I'm pretty confused as well. Thanks

I don't think you will hear from AAT anytime soon, you have plenty of time to prepare the documents (14-24 months processing time currently). It is not a requirement to show other ventures, they can refuse for any reasons, 10 of the restaurant managers I contacted with have been refused for the same reason recently, they uploaded the payslips as well but it doesn't change anything. It's like an order from the upper department required to refuse the occupation. What you can do now is to prepare as many documents as possible to prove that the position is genuine, AAT is different, they will ask more documents and information from you.

I think he means the case officer assume that the owner doesn’t need a manager, he can manage the store by himself. Which is the same reason with 10 restaurant managers that I heard about.

http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/AATA/2019/304.html?context=1;query=141111 ;mask_path=au/cases/cth/AATA This is a recent winning case with the same financial loss reason with a hearing. The profit is -8k loss and the next year 20k gain only but still manage to win the case, the restaurant only has around 400k turnover. I wish you best of luck http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/AATA/2019/944.html?context=1;query=141111 and 5.19 ;mask_path=au/cases/cth/AATA This is a recent winning case with BOTH sister(owners) involved in the business without a hearing. The CO refused based on the sister works within the kitchen around 60 hours per week so he thinks that she can manage the restaurant as well. There are some documents and steps that you can follow

Did you use a migration agent and what’s your refusal reason? I don’t think payslip is enough, mine is financial reason as well and we have to prove heaps from the start to the hearing date according to 5.19 4. I think payslip is totally not enough.

Yup, $3500 approximately for both

I'm sorry to hear that. I thought these thing would happen to 187, not 186. In my opinion they put all of the restaurant managers on the side and then wait for a really long time, then refused a bunch. A lot of restaurant managers (187) have been refused last week with the same assumptions: genuine, without requesting more documents even though we wait for a really long time (2 years), and all the documents in the checklist have been provided but they want something else not in the checklist.

I think she has the right to push them because she waited from 2016

Hey I found a case which is similar to yours, hope you can use it as an example http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/AATA/2019/944.html?context=1;query=141111 and 5.19 ;mask_path=au/cases/cth/AATA

I agree that without the important documents they are not required to ask for documents. However, we restaurant and cafe managers got refused at the same time for basically the same reasons while Kumar's case here got requested several things like genuine positions, financial documents, ... and got approved. The waiting time for 187 is insanely long as you can see 2 years compared to 2013-2016 and the visa fee is increasing every year as well, it is really cruel to refuse without the need to clarify things, we are human, not robots. We definitely followed the checklist carefully, my employer is not playing a guessing game here, she's surprised as well as the business is 10 years old, the applicant is already worked for the business, we even supplied the bank statement and payslip for 2 years, and he looked at the financial documents after 21 months and predict the future that the employer is unable to pay for the next 2 years? Moreover, you can see nonsense reasons above like assume that the owner can be the managers. I bet they can refuse 1000 cases like that without requesting documents. It is understandable if the matter is refused for not providing relevant documents/information as per the published checklists, such as evidence of market salary or a Contract of Employment. However, the current decisions emanating from the Department, other than being “jurisdictional errors”, are also a breach of natural justice where, despite providing evidence, it is not seen as adequate by the Case Officer based on his/her views that are outside the parameters of the laws and policies. Under the circumstances, seeking at least one response from the client, which may result in the reversal of a decision, is the basic principles of “natural justice” which forms the basis of all legal processes in Australia. As such, the case officer’s reasons are his/her personal and unsubstantiated view. Ask any migration agents and you will see, we got refused based on things that are not on the checklist and assumptions.

It seems like their new target is restaurant manager as I see a lot of refusal for restaurant managers here. Don't give up, me too. They don't even let us to have a chance to provide more documents and just refuse immediately.

Cafe and restaurant manager here - After 21 months, my nomination is refused. Applied 07/2017 Reasons: the business won't be able to pay for the next 2 years due to business in loss, no documents requested, the CO mentions in our nomination that there's no letter of explanation attached. We are really frustrated as we worked for the business 2 years already and the loss is due to the business sold another business. With a simple request for more documents, we are surely can explain the reason but the CO, initial S decided not to. We decided to go on AAT.

Did they even request any documents?

Hey i’m getting the same refusal. They didn’t request anything and just refuse straight away with financial reasons. You wait for 2 years already??? I guess it’s faster if you submit another application at that time. I’m getting really stressed, please keep updating. Do you use an agent?

May I ask how long did you wait for your AAT? Thanks

hey MNT may I ask in AAT did they ask mainly to prove the reason that you're refused is wrong or they ask you to prove everything else again? Genuine, the ability to pay for 2 years, etc... Thanks.

In the bottom of my heart, I'm so happy for you I'm in the same situation. My agent doesn't upload the lastest financial documents leading to the immi refused without any further requests, it's devastating after watiting for 21 months. I'm trying to look for a new reliable agent to go on AAT. It seems like the processing time is so long again. Such a mental breakdown honestly.

Payslips and BAS should be attached to nomination, not visa. Maybe that's why you can't see it?

Hi Jaylia, What's your full timeline and occupation pls?

I thought it's everywhere on the news? 489 will be replaced by 491 and 187 will be replaced by 494, none is permanent. https://www.legislation.gov.au/Details/F2019L00578/?fbclid=IwAR2p3qipB_p6S9JMiI3Xy7A91M8PCz8rUs_3sRRfZfGb12Q3CUjyLgit_wM

You seem to apply the same time as my July 2017. What is your timeline and occupation pls?

CONGRATULATIONSSSSS!!!! What's your occupation and timeline please?????

https://immi.homeaffairs.gov.au/help-support/meeting-our-requirements/english-language/competent-english It is said: "Test cannot have been undertaken more than 3 years before the date of application"

When did you apply? 17/03/2018? It means that you have 21 days to appeal on AAT, be quick because AAT is really strict with time. After you were refused nomination, your visa will be refused soon. Then you have 28 days from the day your visa is refused to stay in Australia, unless you applied AAT for your visa as well, you can stay on bridging visa A until you get the result of AAT

You guys are not alone Count me in