BCS

36 minutes ago, boo-yaa said:

I understand your point of view - I do. However my MA done nothing that another MA couldn't do. Contact the department.

Also, I don't think me advising who my MA agent was would help anyone, or specifically the situation above. It would only delay the process even further.

For example:

Nomination is refused by IMMI and details of the refusal are sent to "Agent A".

Then an unknown "Agent B" sends request to IMMI to vacate a nomination that they had nothing to do with or even involved in. 

I can see the above situation only making the situation worse.

I'm happy to help anyone out on the forum as know how challenging a processes this can be I just don't think me sharing my MA would help anyone. Hope you understand

The best thing the above poster can do is contact their own MA, and ask them to contact the department to request the decision be vacated - on the grounds that an error has been made. Hopefully they will get lucky and if not - get ready to lodge an appeal.

I am happy with my current agent and I won't change it, but always not hurt to have a second opinion and I am quite happy to pay hourly cost as I paid my lawyer.

My agent sent an email to  sponsored.skilled@homeaffairs.gov.au seeking for vacating decision because she thinks it was an error that my salary was not included in training bench mark considering I have been working as full-time trainer for nearly 5 years for the sponsor. She asked me to wait however I just want to know if there is another contact I should try.

My company did also pay over 1% for external training benchmark. We did not provided 2013 to 2015 , but only provided everything after new sponsorship approved after 2016. Agent thougth missing trainer's salary in it should be good enough and she didnot sugguest to provide any further documents at this stage.

3 minutes ago, Hex said:

@Cbyrne11 I stand corrected but for a 457 nomination there shouldn't be any need for training benchmark.
- Surely it's simply a case of, "is this company a registered and approved provider of 457's", if so - grant (if paperwork is in order). 

My understanding is that a 186 nomination requires way more paperwork than a 457 (at least that's what my company told me at the time). 

Hopefully I'm wrong and someone can correct me? 

I was asked for training benchmarks from 2013.... even though I thought they've got them for previous sponsorship approval.

Now I had ask to my accountant manager to go through all bank statements from 2013.

17 minutes ago, boo-yaa said:

My nomination was refused due to error. My application was slightly more complicated then most and I can see how they came to that decision however there was specific policy in place which they didn't know about or missed.

My agent, was able to send off a request to vacate the decision (I assume by email) and luckily, it caught the interest of someone and the decision was over turned and my visa granted.

I must stress however that my agent did confirm to me that there was no legislation or process in place for situations like this. They could have easily just ignored the request.

Sorry, I'm not going to share my agents name or contact details. Why? As I don't want them inundated with emails/calls when someone has a nomination refused. I just don't think that would be fair. Again, it would be up to the agent who submitted your application to look for solutions and provide a path forward for yourself.

 

 

Thank you Boo-yaa! It is very helpful for me. I appreciate your prompt feedbacks which encourage me heaps!

Do you think if I can make an appointment with your agent if I pay for it? 

26 minutes ago, Hex said:

@BCS This is really unfortunately and i'm sorry to hear about your situation. 

To add to the stress of this, through all the many AAT appeals I've seen and heard of, I'm only ever seen one successful, which was from @boo-yaa on this forum. 
- See this post: 

My suggestion, as much as you might not want to hear it, is to;
- Speak directly to @boo-yaa, perhaps they could shed some light / offer some advise.
- Failing this, plan for the worst and speak with your MA on other options, as AAT appeal is apparently very difficult to get done. 

Keep us posted and good luck! 

Thank you so much HEX !

I was very disappointed by my lawyer who told me that I had no hope for vacating decisions because they don't have power to withdraw decisions even in mistakes.

Now I am starting to prepare more documents mentioned in the letter and hopefully it helps.

I've left message for boo-yaa, hopefully he can see it.

12 minutes ago, sydneyishuk said:

Can you share your details;

Occupation: 
State: 
Birth Country: 
Stream: 
Number of applicants: 
ENS 186 Nomination applied and Visa Application submitted: 
 

Here is a detailed run down of the training benchmarks examples - https://www.workvisalawyers.com.au/ens-186-visa-training-requirements.html

What is your occupation? A strong business case of why/how and many other details would have needed to be provided to explain the you were internal trainer (if your occupation is not a Training Position) You may have grounds for an appeal if the company definitely satisfied the training benchmark.  Also important that receipts are backed up with bank account statements proving the expenditure. 

The appeal process is > 1 year - I have heard even reaching to 2 years

So it may be worth reapplying if that is an option?

Wish you luck

My 457 occupation is 223311 Training and Development Professional. It is no longer on the list now. I have been working for the same company as Training Supervisor for 4.5 years.

I cannot apply for the same nomination at all.

My concern is by the time of AAT appeal, I will be over 45 and this occupation is not longer exist.  Will AAT review be based on transition legislation when I applied or legislation at the reviews?

For external training expense, we provided more than 1% receipts. Case officer needs bankstatements to show it was paid. For internal training, all staff member but me are all citizens. I am the internal trainer. Case officer didnot realise it.

My nomination was rejected for training benchmark after 16 months' waiting yesterday. The case officer didn't realise I was internal full time trainer and did not count my salary into benchmark.  He did not acknowlge training invoices we provided for external training expenses either. Did not ask for bank transactions for payments but refused straight aways.

Previous nomination was approved in May 2017 with similiar documents and was approved without any questions.

My agent emailed yesterday for vacating decision, but my lawyer said home affair department does not have to power to do it.

Does anybody know possibility of vacating decision if obvious mistakes?

40 minutes ago, tzy123 said:

Sorry to bring in the bad news on a Friday but my nomination has just been refused.

Visa lodged 08/01/2018

HR TRT ICT Customer Support Officer

Nomination refused 31/08/2018, reason: position not geniune. 

 

Terribly sorry to hear that.

Did they pay surprise visit or have phone interview with you or employment before declined?

Any more explanation for the reason?

I got a call from Home Affairs yesterday and a lady had a 20 minutes interview with me covering questions about my current work, how I came to this company and my personal life. When I asked if she was my CO, she said she is handling my case now, but might be some other CO as well.

My nomination was lodged before but I made some mistakes in the Visa application so I had to withdrew the previous one and lodged both on 19 January 2018. She also also me questions why I withdrew previous application.

My MA said it was rare to call candidate on the mobile rather than employer. She mentioned it would take another couple weeks to process their interview report. There is another client got employment check on the phone but haven't heard anything from them after 2 weeks.

Does anybody have the same experience? Is it possible they will call my employer or pay a visit to office after phone interview?

BTW, my status is still "Received."