visa refused

[Sentia450]

Hi i have my best friend's 187 visa refused. She applied for cook sponsorship Nomination visa in regional Queensland. This was written in my email.

Unfortunately DIBP has refused your application on the following basis:

 

 The delegate was of the view that the evidence provided did not identify a need to employ a paid employee to work in the position under the employer’s direct control. I still didn't understand the reason why they have refused it. Is there is any hope if I go for MRT or find another employers and apply for RSMS

Please give me the advice me in this... Thanks.

[Mark Northam]

Hi Sentia450 -

 

There may be hope at the AAT for a reversal of the refusal - this sounds like the nomiantion was refused, not the actual visa application. Generally there are 2 ways to proceed in this type of case - either put in a new nomination with additional/better evidence, or appeal the nomination refusal to the AAT. Whether the visa application part of the 187 application have been lodged can also make a difference - if the visa application has not yet been lodged, it's often easier to put in a new nomination assuming there are no visa expiration issues to deal with. However if the visa application have already been lodged, it may make sense to take the visa refusal (which happens unless the application is withdrawn (no refund) since there is no valid nomination for the current application) to the AAT and petition the AAT to hear the cases of the nomination and refusal together. Suggest you consider getting professional advice from an immigration lawyer or migration agent who can thoroughly assess your case, the reasons for refusal, the lodged evidence vs new evidence available, and give your friend professional informed advice as to her options and the best way to proceed.

 

Hope this helps -

 

Best,

 

Mark Northam

[Sentia450]

I think nomination has refused but she applied nomination and visa together. From new nomination you mean from totally new employer or same employer with more supportive documents.

 

 

Hi Sentia450 -

 

There may be hope at the AAT for a reversal of the refusal - this sounds like the nomiantion was refused, not the actual visa application. Generally there are 2 ways to proceed in this type of case - either put in a new nomination with additional/better evidence, or appeal the nomination refusal to the AAT. Whether the visa application part of the 187 application have been lodged can also make a difference - if the visa application has not yet been lodged, it's often easier to put in a new nomination assuming there are no visa expiration issues to deal with. However if the visa application have already been lodged, it may make sense to take the visa refusal (which happens unless the application is withdrawn (no refund) since there is no valid nomination for the current application) to the AAT and petition the AAT to hear the cases of the nomination and refusal together. Suggest you consider getting professional advice from an immigration lawyer or migration agent who can thoroughly assess your case, the reasons for refusal, the lodged evidence vs new evidence available, and give your friend professional informed advice as to her options and the best way to proceed.

 

Hope this helps -

 

Best,

 

Mark Northam

[Mark Northam]

Hi -

 

Could be from the same employer, just better documented and explained, however depends on the circumstances whether the nomination can be modified to be acceptable to DIBP or not.