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AAT appeal for 187 nomination refusal

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On 28/02/2019 at 15:10, sazid.au said:

Hi mate, how long did you wait before you got hearing date. I applied AAT February, 2018 and still waiting. 

two years Sazid.

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4 hours ago, AD Singh said:

two years Sazid.

Thanks mate. That's a long waiting even though average processing time on AAT website is 460days 

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On 20/02/2019 at 10:08, Cippalippa said:

About medicare, my temporary card that I got after I applied for the appeal has expired and I haven’t received a new one yet. Do I have to go back to Medicare?

Hi did you go back to Medicare to reissue your card? My one ecpired too. Please advise me if you have taken any action. 

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Hi did you go back to Medicare to reissue your card? My one ecpired too. Please advise me if you have taken any action. 


I have been really busy at work so I haven’t been able to go to the office and renew it.

RSMS Direct Entry - Onshore - WA - Retail Manager - Low Risk - 2pax

RCB, Nomination and Visa lodged 30/06/2016

RCB approved 13/07/2016

:wub: Hoping for a miracle...

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Hello everyone 

Help post

nomination and visa 186 applied on 20/06/2017-

and got refused on 30/04/2018

mrt appeal on May 2018 and still waiting for it.457 going to expire by end of April,my question is do I need to work with same employer? 

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14 hours ago, Bps99 said:

Hello everyone 

Help post

nomination and visa 186 applied on 20/06/2017-

and got refused on 30/04/2018

mrt appeal on May 2018 and still waiting for it.457 going to expire by end of April,my question is do I need to work with same employer? 

I assume if you leave the employer, they will withdraw the nomination appeal and then your visa cannot be granted.


____________________________________________________

186 ENS Temporary Residence Transition - Granted Dec 2013 :biggrin:

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Hi everyone,

Recently I got my nomination refusal for my RSMS, 187 DE entry visa.

 

I paid the agent September, 2017.

The agent lodged my Regional Employer Nomination 17 March, 2018.

Application status, received by Department of Home Affairs, 17 March, 2018.

No reply from the agent until 12 April, 2019. 

She wrote me that the nomination refusal for my application, and visa application not refused yet. She was trying to let me change my mind to do spouse visa since I logged my visa application. But I don't want to. I am totally fulfil the requirements for my position and the employer would like to sponsor me.

 

I don't know if I will wait for the results of application. Then start to appeal AAT.

Or what I and my agent and the company could do about the nomination refusal. 

How can I push my agent to do her job while not distracting me.

Thanks for anyone to give me suggestions.

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On 22/12/2017 at 21:38, Cippalippa said:

I am in the same situation. We received the news of the refusal on the 19th of December. Not very nice just before Christmas with so many offices closed for 2 weeks during the festivities. What are the nominated occupation and the reason for refusal? I am a retail manager and the reason for the refusal states in short that I am not a manager but only a supervisor as the employer works within the business (not true). I just wonder if, when appeal supporting strong evidence that the case officer made a mistake, we can have a positive decision without the hearing.

Regarding your visa status, it's my understanding that you can appeal only when your visa gets refused. On the letter of my bridging visa it states:

If your Regional Employer Nomination (subclass 187) visa application is refused and you

apply for a merits review of that decision within the required timeframe, this bridging visa will

allow you to remain in Australia until 28 calendar days after you are notified of the merits

review outcome by the merits review tribunal.

If the merits review tribunal remits your application to the department for reconsideration, this

bridging visa will allow you to remain lawfully in Australia until 28 calendar days after you are

notified by the department of the decision on your Regional Employer Nomination (subclass

187) visa application.

 

So I deduct we will remain on our bridging visa if we appeal to the tribunal after the official refusal of our visa application.

Hi there, I got my nomination refusal letter three years days ago. How do you get 21 days nomination reviews and 28 days to comment? Is it from your Immi Account online? I don't know about mine, the agent just told me, I got 28 days to respond to comment, the option is to withdraw or to proceed. Thanks.

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On 14/04/2019 at 04:50, Jane Chi said:

Hi everyone,

Recently I got my nomination refusal for my RSMS, 187 DE entry visa.

 

I paid the agent September, 2017.

The agent lodged my Regional Employer Nomination 17 March, 2018.

Application status, received by Department of Home Affairs, 17 March, 2018.

No reply from the agent until 12 April, 2019. 

She wrote me that the nomination refusal for my application, and visa application not refused yet. She was trying to let me change my mind to do spouse visa since I logged my visa application. But I don't want to. I am totally fulfil the requirements for my position and the employer would like to sponsor me.

 

I don't know if I will wait for the results of application. Then start to appeal AAT.

Or what I and my agent and the company could do about the nomination refusal. 

How can I push my agent to do her job while not distracting me.

Thanks for anyone to give me suggestions.

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

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Hello All,

 

i have been a silent member of this forum. 

Let me give you all a relief. Hold on TIGHT and FIGHT. It’s all on your Agents Hand. Hire a Good Agent.

 

POSITION:- RETAIL MANAGER (SA)

RCB : 04/08/2016 (Approved within 3 weeks)

NOMINATION & VISA LODGED: 09/09/2016

Just before Christmas in 2017 as usual everyone got refusal frm NOWHERE. Visa was refused, due to NOMINATION was refused. However I filled AAT for Nomination (04/01/2018) and Visa (24/01/2018).

 

everyone knows AAT processing time was 18-24months as present. So I was not expecting them to open my file till January 2020. Surprisingly my agent received an email on the 15th of March 2019, PROVIDE INFORMATION TO SUPPORT CASE NO XXXXXX on or before the 12th of APRIL 2019.

 

We gathered all the required documents and my agent also presented a strong argument and my agent submitted all the documents to AAT via email on the 12/04/2019 (Friday) late night around 10pm.

 

guess what, 15/04/2019 (TODAY @ 1pm) our nomination got approved without any question and Visa is been sent back to Immigration for consideration. It took only 4 hours for them to make a decision on my file.

 

LONG STORY SHORT. Your agent has to play the game.

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Hello All,
 
i have been a silent member of this forum. 
Let me give you all a relief. Hold on TIGHT and FIGHT. It’s all on your Agents Hand. Hire a Good Agent.
 
POSITION:- RETAIL MANAGER (SA)
RCB : 04/08/2016 (Approved within 3 weeks)
NOMINATION & VISA LODGED: 09/09/2016
Just before Christmas in 2017 as usual everyone got refusal frm NOWHERE. Visa was refused, due to NOMINATION was refused. However I filled AAT for Nomination (04/01/2018) and Visa (24/01/2018).
 
everyone knows AAT processing time was 18-24months as present. So I was not expecting them to open my file till January 2020. Surprisingly my agent received an email on the 15th of March 2019, PROVIDE INFORMATION TO SUPPORT CASE NO XXXXXX on or before the 12th of APRIL 2019.
 
We gathered all the required documents and my agent also presented a strong argument and my agent submitted all the documents to AAT via email on the 12/04/2019 (Friday) late night around 10pm.
 
guess what, 15/04/2019 (TODAY @ 1pm) our nomination got approved without any question and Visa is been sent back to Immigration for consideration. It took only 4 hours for them to make a decision on my file.
 
LONG STORY SHORT. Your agent has to play the game.


CONGRATULATIONS!!!!

So just to clarify... what was the reason for the refusal? And did you have to attend a hearing at all?

RSMS Direct Entry - Onshore - WA - Retail Manager - Low Risk - 2pax

RCB, Nomination and Visa lodged 30/06/2016

RCB approved 13/07/2016

:wub: Hoping for a miracle...

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Reason for Nomination Refusal:- Director of the Business is currently working in the business, therefore NO need of a Retail Manager. But the real story is The business is new and hired me for the position of Retail Manager. At the time of lodgement, Director was helping out the business by covering some shifts when required, reason the business hired me is because they are a new couple, they wanted to start their family life too (this was given in writing at the time of lodgement). The crazy Case Officer from WA Immigration looked at my file and assumed, the Director is still working therefore they don’t need a Retail Manager and refused the Nomination. Also they mentioned it’s a Retail Supervisor Level position.

 

VISA REFUSAL REASON:- simple Nomination was refused, therefore Visa got refused automatically.

 

AAT:- they requested further documents Related to Business. We submitted that to our agent, and agent typed a bloody strong argument letter. Within 4 hours agent got an email saying the Nomination is approved. Didn’t go for hearing. Normally when AAT looks at the file, they will call you for a hearing, then if they think it’s Genuine, they will send it back to Immigration to re-consider their decision. But in my case, AAT itself approved it straight away. That was the magic of my Agent.

 

The Refusal was an unfair decision, therefore I’m pretty sure RETAIL MANAGERS from WA, SA, and NT can fight for it as long as your agent is Strong n Experienced. The AAT agent I went is different to the one who submitted my Nomination and Visa in 2016. 

 

All what I can tel you guys is make sure your agent is genuinely working for your case. If not, NO POINT. Coz this is by experience I’ve been through.

 

Any Questions WELCOME....

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3 hours ago, MNT said:

Reason for Nomination Refusal:- Director of the Business is currently working in the business, therefore NO need of a Retail Manager. But the real story is The business is new and hired me for the position of Retail Manager. At the time of lodgement, Director was helping out the business by covering some shifts when required, reason the business hired me is because they are a new couple, they wanted to start their family life too (this was given in writing at the time of lodgement). The crazy Case Officer from WA Immigration looked at my file and assumed, the Director is still working therefore they don’t need a Retail Manager and refused the Nomination. Also they mentioned it’s a Retail Supervisor Level position.

 

VISA REFUSAL REASON:- simple Nomination was refused, therefore Visa got refused automatically.

 

AAT:- they requested further documents Related to Business. We submitted that to our agent, and agent typed a bloody strong argument letter. Within 4 hours agent got an email saying the Nomination is approved. Didn’t go for hearing. Normally when AAT looks at the file, they will call you for a hearing, then if they think it’s Genuine, they will send it back to Immigration to re-consider their decision. But in my case, AAT itself approved it straight away. That was the magic of my Agent.

 

The Refusal was an unfair decision, therefore I’m pretty sure RETAIL MANAGERS from WA, SA, and NT can fight for it as long as your agent is Strong n Experienced. The AAT agent I went is different to the one who submitted my Nomination and Visa in 2016. 

 

All what I can tel you guys is make sure your agent is genuinely working for your case. If not, NO POINT. Coz this is by experience I’ve been through.

 

Any Questions WELCOME....

This is giving me and many others so much hope. I like hoe you said “It took only 4 hours for them to make a decision on my file.”  The whole process shouldn’t take so long in the first place!!!

Where are you located and would you please recommend your lawyer? 

What you described sounds exactly why they refused my nomination/visa too. 

To support my case, I have been sending my lawyer copies of emails that show I deal with suppliers, answer about sponsoring initiatives, liaise with council and hire staff. What else shall I provide?

Hopefully we will start hearing some more good news too.

 

 

 

 


RSMS Direct Entry - Onshore - WA - Retail Manager - Low Risk - 2pax

RCB, Nomination and Visa lodged 30/06/2016

RCB approved 13/07/2016

:wub: Hoping for a miracle...

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Yeah seriously man, who would think AAT will make a decision  within 4hours? Because updated business documents were submitted to AAT portal by my agent on Friday late night at 10pm. Then Monday at 9am only they open for process, by 1pm, I got the Nomination Approved by AAT. 

 

Its all on your agent’s argument. I can highly recommend my Agent for this kind of work..if your documents are clean and if ur refusal reason is similar to mine/unfair, then you can approach him, because he has the letter format and everything what we submitted to AAT, how to handle these case. 

 

What is your exact reason for Refusal? Let’s see if I can help you with anything....

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4 minutes ago, MNT said:

Yeah seriously man, who would think AAT will make a decision  within 4hours? Because updated business documents were submitted to AAT portal by my agent on Friday late night at 10pm. Then Monday at 9am only they open for process, by 1pm, I got the Nomination Approved by AAT. 

 

Its all on your agent’s argument. I can highly recommend my Agent for this kind of work..if your documents are clean and if ur refusal reason is similar to mine/unfair, then you can approach him, because he has the letter format and everything what we submitted to AAT, how to handle these case. 

 

What is your exact reason for Refusal? Let’s see if I can help you with anything....

Thanks for your reply MNT. Really appreciate you sharing the info. My refusal was exactly for the same reason: director working in the coffee shop (he is not) and therefore my role downgraded to a supervisor. In our documents, when we applied for the, we never even mentioned that the director was working there. There was only a gap of a few months where they fired the previous manager because she was not delivering a good job and then they got me. And from the moment I was hired they could see from the numbers that I transformed the place from being in a loss to finally being profitable. The director and the other partner are never there to work but only say hello, have a coffee and setting up some furniture early in the morning (which is not part of the manager duties immigration argued about).

I met with my lawyer last November and what I basically did was going through my story since I started working there. He recorded me while I gave practical examples of my duties as a manager. He was supposed to type all down and send me a draft to check but he never did. He seems competent but sometimes I doubt he is really proactive and efficient. I wonder if your lawyer could share his experience with my lawyer too. But if you could share his details, I assure you we will all recommend him to others in our same situation.

I got nomination refusal in your same period. Appealed for the nomination refusal on Jan 5th 2017 (one day after you) and for my visa on Feb 5th 2017 (I had to wait for visa refusal first). I initially applied for nomination and visa together in June 2016. All I am asking is to be able to live a normal life like anyone else and being able to make plans for the future. I am 37 and I am not getting any younger. All I want is to be moving forward with my life and start a family, buy a new car and maybe a house and not only living  for my job. This situation is really making me sick.

I am so happy for you and I know for sure what a huge relief you must have felt when you finally got such an amazing news! 😄


RSMS Direct Entry - Onshore - WA - Retail Manager - Low Risk - 2pax

RCB, Nomination and Visa lodged 30/06/2016

RCB approved 13/07/2016

:wub: Hoping for a miracle...

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8 hours ago, MNT said:

Yeah seriously man, who would think AAT will make a decision  within 4hours? Because updated business documents were submitted to AAT portal by my agent on Friday late night at 10pm. Then Monday at 9am only they open for process, by 1pm, I got the Nomination Approved by AAT. 

 

Its all on your agent’s argument. I can highly recommend my Agent for this kind of work..if your documents are clean and if ur refusal reason is similar to mine/unfair, then you can approach him, because he has the letter format and everything what we submitted to AAT, how to handle these case. 

 

What is your exact reason for Refusal? Let’s see if I can help you with anything....

 

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Hi mnt 

my nomination att applied 30/6/2018

still w8ting 

same reason as urs like the owner of the business not needed any manager cz he handling all business himself 

I am living Perth 

Can u tell me about ur agent ??

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congratulations mate. good on ya. im waiting since august 2017. nothing yet.

Reason for Nomination Refusal:- Director of the Business is currently working in the business, therefore NO need of a Retail Manager. But the real story is The business is new and hired me for the position of Retail Manager. At the time of lodgement, Director was helping out the business by covering some shifts when required, reason the business hired me is because they are a new couple, they wanted to start their family life too (this was given in writing at the time of lodgement). The crazy Case Officer from WA Immigration looked at my file and assumed, the Director is still working therefore they don’t need a Retail Manager and refused the Nomination. Also they mentioned it’s a Retail Supervisor Level position.
 
VISA REFUSAL REASON:- simple Nomination was refused, therefore Visa got refused automatically.
 
AAT:- they requested further documents Related to Business. We submitted that to our agent, and agent typed a bloody strong argument letter. Within 4 hours agent got an email saying the Nomination is approved. Didn’t go for hearing. Normally when AAT looks at the file, they will call you for a hearing, then if they think it’s Genuine, they will send it back to Immigration to re-consider their decision. But in my case, AAT itself approved it straight away. That was the magic of my Agent.
 
The Refusal was an unfair decision, therefore I’m pretty sure RETAIL MANAGERS from WA, SA, and NT can fight for it as long as your agent is Strong n Experienced. The AAT agent I went is different to the one who submitted my Nomination and Visa in 2016. 
 
All what I can tel you guys is make sure your agent is genuinely working for your case. If not, NO POINT. Coz this is by experience I’ve been through.
 
Any Questions WELCOME....

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15 hours ago, Cippalippa said:

Thanks for your reply MNT. Really appreciate you sharing the info. My refusal was exactly for the same reason: director working in the coffee shop (he is not) and therefore my role downgraded to a supervisor. In our documents, when we applied for the, we never even mentioned that the director was working there. There was only a gap of a few months where they fired the previous manager because she was not delivering a good job and then they got me. And from the moment I was hired they could see from the numbers that I transformed the place from being in a loss to finally being profitable. The director and the other partner are never there to work but only say hello, have a coffee and setting up some furniture early in the morning (which is not part of the manager duties immigration argued about).

I met with my lawyer last November and what I basically did was going through my story since I started working there. He recorded me while I gave practical examples of my duties as a manager. He was supposed to type all down and send me a draft to check but he never did. He seems competent but sometimes I doubt he is really proactive and efficient. I wonder if your lawyer could share his experience with my lawyer too. But if you could share his details, I assure you we will all recommend him to others in our same situation.

I got nomination refusal in your same period. Appealed for the nomination refusal on Jan 5th 2017 (one day after you) and for my visa on Feb 5th 2017 (I had to wait for visa refusal first). I initially applied for nomination and visa together in June 2016. All I am asking is to be able to live a normal life like anyone else and being able to make plans for the future. I am 37 and I am not getting any younger. All I want is to be moving forward with my life and start a family, buy a new car and maybe a house and not only living  for my job. This situation is really making me sick.

I am so happy for you and I know for sure what a huge relief you must have felt when you finally got such an amazing news! 😄

From your say, I can guarantee you are 99% same story as my story. I am sure, if your lawyer does his job, you will get through. But if you doubt your lawyer is not doing a good job, don’t take a chance, coz you can always change your lawyer. I know it might cost you bit extra. But you don’t wanna loose your case n go to HIGH COURT or so. That’s the same thing I did. I didn’t trust my previous agent, so i changed my Agent (it cost me extra, but got the final outcome). 

I can share my agent’s details, but I don’t think the LAWYERS or AGENT will share their experience between them...

drop me a private msg, we can discuss further. 

 

Cheers

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6 hours ago, Asses said:

Hi mnt 

my nomination att applied 30/6/2018

still w8ting 

same reason as urs like the owner of the business not needed any manager cz he handling all business himself 

I am living Perth 

Can u tell me about ur agent ??

For a fact, all the RETAIL MANAGERS who got their NOMINATION refused during this period (DECEMBER 2017) is for the same/similar reason.

If you guy’s case is genuine and got all the documents, you can fight for it with AAT with a good agent/lawyer.

 

i wish everyone to get their things sorted early as possible to move forward with their personnel life.

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6 hours ago, aussiepr said:

congratulations mate. good on ya. im waiting since august 2017. nothing yet.

Thanks Aussiepr....

where did u apply from!!! I mean which state?

Aug 2017 for AAT looks bit longer.

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2 hours ago, Asses said:

Plz tell me agent name if u r from Western Australia 

Hi Assess, 

i am from South Australia. But my agent is located in Melbourne, Victoria.

I have attached a screen shot of his FB page. Get his email address from there....

315F2AE5-EFB0-4A72-BDEC-BE869069A73A.jpeg

C4DF7045-E2EC-49BE-81E2-8FADBD066065.jpeg

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I applied from NSW. 6 months ago one of my friend told me his file was opened exactly at 18 months from Melbourne. i guess processing time is increasing.

Thanks Aussiepr....
where did u apply from!!! I mean which state?
Aug 2017 for AAT looks bit longer.

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