Interllectual86 Posted September 19, 2016 Share Posted September 19, 2016 I'm going through the process of 187 regional sponsorship visa. At the moment it's in MRT and my file opened for nomination. I prepare all the documents according to ANZSCO code- Management Consultant cause the reason for refusal was didn't fulfils the required documentation for ANZSCO code skill assessment. Please advice me what are the main documents I have to get from the company as Hardware Manager. And also I'm doubt about the hearing process. Thanks!! Sent from my iPhone using Tapatalk Quote Link to comment Share on other sites More sharing options...
Mark Northam Posted September 19, 2016 Share Posted September 19, 2016 Hi Interllectual86 - Sorry, am confused - can you specify - was your visa application refused due to DIBP requesting a skills assessment and you not being able to provide one? Need more details in order to address your questions. Quote Link to comment Share on other sites More sharing options...
Interllectual86 Posted September 19, 2016 Author Share Posted September 19, 2016 Hi Mark N, It says the decision under review was made on the basis that certain requirements in Regulation 5.19(4) of the Migration Regulations 1994 (the Regulations) were not satisfied. The Tribunal hereby invites you under s. 359(2) of the Migration Act to provide information demonstrating that the business meets all relevant criteria in Regulation 5.19(4), including, but not limited to, any information concerning satisfaction of the particular criteria which the Department found were met r.5.19(4)(h) as the delegate was not satisfied that the tasks to be performed in the nominated position of Retail Manager (General) corresponded to the tasks of an occupation at a skill level of ANZSCO skill level 1,2 or 3, as required by r.5.19(4)(h)(ii)(D)). I work there as a hardware manager and according to ANZCO code 224711- Management Consultant. Sent from my iPhone using Tapatalk Quote Link to comment Share on other sites More sharing options...
wrussell Posted September 19, 2016 Share Posted September 19, 2016 One of the issues with review applications is that they must be lodged before a FoI request for the DIBP file can be acquitted. It is quicker and easier (and more likely to be productive) to obtain the files directly from the AAT, than to invoke FoI. If you seek advice from a RMA who did not manage your case and does not know the full facts of you case, s/he could be on thin ice giving it. I have had a few primary refusals for cases I have managed and I have won them all at review, pro bono. I have represented a few DIY applicants who were refused and I won them all too. In the latter cases I charged $500 to lodge a bare bones application, which takes about half an hour, and I then obtained the file file from the tribunal. The is nothing wrong with a RMA advising an applicant to lodge a review application promptly, or not at all. It is a breach of the Code of Conduct to launch an application that has no prospects of success and the end of the road, not to lodge at all. Once an application is lodged, with the filing fee paid, there is a motivation to throw good money after bad. Having lodged, you might as well run it. I strongly suggest that you put the FULL facts of your case to an experienced RMA for advice about how to construct a case. Best of luck with whatever you decide to do. Quote Link to comment Share on other sites More sharing options...
George Lombard Posted September 20, 2016 Share Posted September 20, 2016 I'm going through the process of 187 regional sponsorship visa. At the moment it's in MRT and my file opened for nomination. I prepare all the documents according to ANZSCO code- Management Consultant cause the reason for refusal was didn't fulfils the required documentation for ANZSCO code skill assessment. Please advice me what are the main documents I have to get from the company as Hardware Manager. And also I'm doubt about the hearing process. Thanks!! Sent from my iPhone using Tapatalk Sounds like a serious problem - the reference to reg. 5.19 relates to the employer but there's a big difference between a Management Consultant and a Hardware Manager - and I would suggest using an agent. Note that the MRT has not existed since June 2015, the relevant tribunal is now the AAT. Good luck! Cheers, George Lombard Quote Link to comment Share on other sites More sharing options...
Interllectual86 Posted September 20, 2016 Author Share Posted September 20, 2016 Sounds like a serious problem - the reference to reg. 5.19 relates to the employer but there's a big difference between a Management Consultant and a Hardware Manager - and I would suggest using an agent. Note that the MRT has not existed since June 2015, the relevant tribunal is now the AAT. Good luck! Cheers, George Lombard Hi George, Thanks for your kind respond. I already have an agent but he doesn't ask me any relevant documents from my end. He has got only documents from the last year. The letter says nomination of retail manager (general). The agent going to handover all the documents to the business owner. The owner gets the decision to apply for the nomination only if the documents are strong enough. Because the letter clearly mentioned they can get legal action against the company if they don't give evidence and present arguments. I decided to collect evidence from my end such as invoices, order manifests, rosters, tax invoices etc. I'm really helpless and frustrated at this moment because of my agent. What do you think about this scenario?? Need some advices from you. Thanks!! Sent from my iPhone using Tapatalk Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.