Tiffany N

As I have seen on the AAT website said as the link: https://www.aat.gov.au/steps-in-a-review/migration-and-refugee/migration/what-happens-after-lodgement

3 minutes ago, Samio said:

Hi Avygill. Could you please share the link where you get this chart? TIA or can you share for Northern Territory one. Thanks 

https://www.aat.gov.au/aat/files/HearingSchedule/MigrationRefugeeDailyListing.pdf

29 minutes ago, restaurant.manager said:

What's your timeline and occupation, and reason for refusal?

Nomination and visa: 10/2019

RCB refused 3/2020

Nomination refused 6/2020

AAT lodged 6/2020

Visa refused ... waiting

you guys please let me know with your experience... what should I do next.. thanks so much.

Has anyone recently lodged AAT with the employer support? Has anyone in this group got refusal from AAT? I just feel hopeless...

2 hours ago, ring3018 said:

Your occupation?

Graphic Designer .. 

15 minutes ago, Marisawright said:

So you are saying the employer is offering you a below-market salary, which they are not allowed to do.

The employer is selling the hotel where the business operates.  If the employer sells the hotel, will you still be employed by the employer in the same position?  If not, there is not a genuine need.

It's very clear that the employer didn't make a proper effort to find a local candidate, probably because they didn't want to pay the proper salary. 

It does not sound like a convincing case to me. 

  

The employer agreed to lodge the AAT. The situation of Covid19, the hotel is closed, the employer just support jobkeeper for staff who are citizens and PR but I was stood down since March. At the moment, I sometimes work from home for the business but have no pay. I've been told that when the situation covid19 will be better and the business's busy then the boss will ask me to be back to work. Is that possible with my situation like this to lodge AAT. To be honest, I have no idea when the covid19 be better and when I can call back to work.

Hi everyone, 

I just recently got the refusal nomination from DHA. The agent will lodge the AAT for me soon. Can anyone please let me any chance for me to get the positive outcome of the AAT if the reasons to get the refusal of nomination include:

- (i) whether the identified person would be paid at least the annual market salary rate for the occupation; --> this is because a salary in the range of $60,000 - $65,000pa was expected for candidates with 3 years’ experience and $70,000 to $75,000 pa for candidates with 5 years experience, but the nominated position required 3 years’ experience and offered $54,000pa which appears low in comparison.

- (ii) whether there is a genuine need for the identified person to be employed in the position, under the direct control of the nominator; --> this is because the employer advertised to sale the property that DHA defined it is the core of the business, but technically, the business and the property completely different. The property included a luxury hotel, and the main activity of business based on it. (Immigration agent explained me that the concepts of property and business are different)

- (iii) whether the position can be filled by an Australian citizen or an Australian permanent resident who is living in, or would move to, the local area concerned; --> the DHA commented that this is because the procedure of recruitment that lack of genuine rigour in searching the local labour market as about 20 applications received, no interviews conducted. And the employer haven't had the evidence of how I'm the best candidate to be chosen for the role. 

My deadline is only about 2 weeks to lodge the AAT. Please with you guys experience, can anyone please tell me if any hope for the nomination outcome to PR.

Thanks so much and best of luck for everyone. 

On 19/06/2020 at 14:50, ring3018 said:

She applied for RCB, that means direct entry. Before 11/2019, 187 needed 3 years experiences. I don’t think transition stream needs RCB.

 

On 19/06/2020 at 10:34, virajhu said:

Hi Tiffany, 

If you applied this visa 187 in 10/2019, then it means you applied it through the transition stream (you must be on 457 or 482 visas with the same employer for 3 years) because the direct entry of 187 was closed back on 18 March 2018.

Where It will be good to apply for the AAT to buy extra time if the employer is with you and you still work in your occupation, but rather than waiting it will be good to apply for the following visas, however, if you are on bridging visa, you have to lodge all the new visa as, an offshore applicant, that means you have to depart the country before the decision of visa. 

if you have 3 plus years of experience in your field and your occupation is in the SOL, depending on the state, your occupation in the list you can apply for the following visa if you can fulfil the other conditions,

1. 187 permanent visa, highly recommended (make sure why your previous 187 was cancelled, and fulfil the requirement, and if you don't fulfil, no point to apply then)
2. 190 if available in state SOL
3. 189 again according to your occupation federal SOL
4. 494 provisional visa employer-sponsored 
5. 191 state-sponsored provisional 
6. 482 provisional employer-sponsored visa, should be in SOl list

The above information is just based on my experience, I am not a migration agent or lawyer, please take professional advice before making any decision because its kind of gonna affect

your life, so please take it as general friendly advice.

 

Thanks so much for your advice...

16 minutes ago, sukhwinder singh bhangu said:

Apply for AAT, maybe apply again nomination.

Thanks for your advice. Is that possible if I apply 491/494 while I wait for the AAT result.? 

Hi, everyone. I'm new here. I've got the refused nomination letter from DHA today. I've given 28 days to take action.. I'm nervous n don't know what should I do now..  

187 - Geelong

applied 10/2019

RCB Geelong refused 3/2020

Nomination refused: 17/6/2020