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zijse

AAT appeal for 187 nomination refusal

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Hi guys, on the 6th of April I received the notification of nomination refusal for a visa 187. My employer decided to appeal for merits review to the AAT. 

My question is: while filling the appeal application form online, which option should he choose for the point "Select the decision to be reviewed"?

1) visa refusal

2) business sponsor approval refusal or variation

3 refusal of nominated activity or position

Thank you!

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Sorry mate
But just want to ask you what was your occupation ?? And what was the reason they gave you for refusal ?


Retail Manager
Nom & Visa 29/04/2016
HR,QLD

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My occupation is bar manager, under the Restaurant and Cafe Manager ANZSCO code. The nomination was refused because the restaurant I work at has already a sponsored restaurant manager, and the immigration officer stated that " there can only be one manager responsible for the overall operation". However, this statement is not correct as me and the restaurant manager have different roles and we work indipendently.

On the 6th of April my employer received the refusal letter. From that moment he has 21 days to appeal. 

Can anyone help me with my question? THanks!

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Hey mate 

is it a hotel or restaurant can u plz give me ur number .i wana talk to u I m in same situation .

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On 20 April 2017 at 1:29 AM, zijse said:

My occupation is bar manager, under the Restaurant and Cafe Manager ANZSCO code. The nomination was refused because the restaurant I work at has already a sponsored restaurant manager, and the immigration officer stated that " there can only be one manager responsible for the overall operation". However, this statement is not correct as me and the restaurant manager have different roles and we work indipendently.

On the 6th of April my employer received the refusal letter. From that moment he has 21 days to appeal. 

Can anyone help me with my question? THanks!

If your employer does not know then your employer would be best advised to employ an agent!

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I have applied for 187 visas on August 04 and my employer apply for nomination and RCB in the same time but on December 18 my nomination got refused without asking any further documents and I got 21 days for nomination review and 28 days to comment for my visa. My employer is going to apply for AAT for the nomination before the end of 21 days. Moreover, I am going to wait till my visa get refuse and will apply to AAT for my visa as well. I just want to know if we apply to AAT for both of our nomination and visa will this keep my bridging visa active until I get the decision from AAT for the nomination. Please advise me if anyone goes through this process and let me know what will be a waiting period before I get the first hearing.

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14 hours ago, dalla said:

I have applied for 187 visas on August 04 and my employer apply for nomination and RCB in the same time but on December 18 my nomination got refused without asking any further documents and I got 21 days for nomination review and 28 days to comment for my visa. My employer is going to apply for AAT for the nomination before the end of 21 days. Moreover, I am going to wait till my visa get refuse and will apply to AAT for my visa as well. I just want to know if we apply to AAT for both of our nomination and visa will this keep my bridging visa active until I get the decision from AAT for the nomination. Please advise me if anyone goes through this process and let me know what will be a waiting period before I get the first hearing.

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.


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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I have applied for 187 visas on August 04 and my employer apply for nomination and RCB in the same time but on December 18 my nomination got refused without asking any further documents and I got 21 days for nomination review and 28 days to comment for my visa. My employer is going to apply for AAT for the nomination before the end of 21 days. Moreover, I am going to wait till my visa get refuse and will apply to AAT for my visa as well. I just want to know if we apply to AAT for both of our nomination and visa will this keep my bridging visa active until I get the decision from AAT for the nomination. Please advise me if anyone goes through this process and let me know what will be a waiting period before I get the first hearing.



Hey Dalla, I don’t about you but I am so stressed in these days. I asked my employers to pay the nomination part of the appeal and, although they were not happy about it especially after I basically told them they owe me so, they have agreed to do so.
How about you? Are you paying for it?
Also I have been reasearching and reading a lot in these past days and it seems that, if the matter is not resolved with the first conference (6/10 weeks), the hearing will probably be in 12/18 months maybe more considering the amount of applications they have been receiving.
I know a person that he applied for the appeal last october so I will keep updated on what the process.

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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On 12/29/2017 at 10:10, Cippalippa said:

 

Thanks for your reply, Yes my employer is going to apply for AAT on 5th of January and I got 28 days to comment for my visa, I will get my visa refusal at the end of 28 days with another 21 days for appeal to AAT. I am going to apply AAT for my visa as well. In my case i really need to buy some time because currently I am doing professional year and i will be finish that on 24th of June. Once I finished that i will be able to apply for 189 visa with 65 points under ICT Security specialist. Therefore we are going to apply to AAT for both nomination and visa refusal then that will keep my bridging visa active for next 6 months. I will keep update you guys.


Hey Dalla, I don’t about you but I am so stressed in these days. I asked my employers to pay the nomination part of the appeal and, although they were not happy about it especially after I basically told them they owe me so, they have agreed to do so.
How about you? Are you paying for it?
Also I have been reasearching and reading a lot in these past days and it seems that, if the matter is not resolved with the first conference (6/10 weeks), the hearing will probably be in 12/18 months maybe more considering the amount of applications they have been receiving.
I know a person that he applied for the appeal last october so I will keep updated on what the process.

 

 

 

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On 12/22/2017 at 21:08, 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.

Thanks for your reply, Yes my employer is going to apply for AAT on 5th of january and I got 28 days to comment for my visa, I will get my visa refusal at the end of 28 days with another 21 days for appeal to AAT. I am going to apply AAT for my visa as well. In my case i really need to buy some time because currently I am doing professional year and i will be finish that on 24th of june. Once I finished that i will be able to apply for 189 visa with 65 points under ICT Security specialist. Therefore we are going to apply to AAT for both nomination and visa refusal then that will keep my bridging visa active for next 6 months. I will keep update you guys.

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Hi guys ,

i am in same boat

apply rsms (financial planner)

logded my nom & visa 14 july 2017

rcb already approved before

22nd Dec Nomination refused 

reason: the business cant pay me next 2 years and lack of financials by agent.

but i am working there from last two years and they are paying me (taxes & super paid)

what are my options not sure?

can i relodge or they will reject my visa after 28 days  

or withdraw 

 

pls help

thanks

 

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Hi guys ,
i am in same boat
apply rsms (financial planner)
logded my nom & visa 14 july 2017
rcb already approved before
22nd Dec Nomination refused 
reason: the business cant pay me next 2 years and lack of financials by agent.
but i am working there from last two years and they are paying me (taxes & super paid)
what are my options not sure?
can i relodge or they will reject my visa after 28 days  
or withdraw 
 
pls help
thanks
 


Hi Gav, so shitty of the Immigration department refusing a nomination just a couple of days before Christmas holidays... the same happened to me.

As per the appeal, first of all you should consult a professional. Second, try to find out if the financials of the company are in a good state (loss or profit) otherwise I don’t think you will have much chance of winning an appeal if the company does not prove to be financially viable.

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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Hi ,

i got the 187 refusal just passed the new year. I'm applying for chemical technician role. The reason my agent told me is the company doesn't show enough efforts to find someone. However I'm been working with them and they want to nominat me to work in the factory. I wonder why is the reason of this ? I am with working holiday visa now and it's going to be expire in 3 months. Any advice?

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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.

i am te m same situation aswell my nomintaion refused 15 december and my employer already apply for aat review

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My employer is ready for Aat beacuse the company is in good profits and paid well to all employees and got all financials

my question is if i apply for Aat , will my visa file be on hold beacause of nomination Aat.

or it can be refused anytime.

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My employer is ready for Aat beacuse the company is in good profits and paid well to all employees and got all financials
my question is if i apply for Aat , will my visa file be on hold beacause of nomination Aat.
or it can be refused anytime.

that will be refused after 28 days then you have to apply AAT for that aswell

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8 hours ago, simar27 said:


that will be refused after 28 days then you have to apply AAT for that aswell

Need one clarification once we apply for the AAT for both nomination and visa refusal what waiting period apply for us ?  According to the AAT web, nomination refusal waiting period average is 424 days and bridging visa average is 21 days therefore I just want to know AAT for the visa will remain hold until the decision for the AAT nomination?

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Hi, does anyone know if visa is refused and AAT review is lodged, is the bridging visa automatically extended (Currently BVA Expires 22nd jan) or is form 1005 required to be completed and sent to immigration?

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Mine got refused as well. Retail Manager, NT, LR Country, everything lodged Jan 2017

Reasons given are word for word the same Cippalippa

The big boss wants to appeal it as there are genuine mitigating circumstances which weren't considered and i few that we didn't supply evidence on to be fair, BUT i don't know if i can be arsed waiting another year for a yes or no only to have to stick it out another year or 2 to fulfill the visa obligations IF it is approved.

The new hot thread here will be AAT timeline for 187 visa refusal from the looks of it.

Its particularly unfortunate getting this notice just after Christmas as i have lots of stuff to sell and not long to do it. Might appeal, settle my affairs and then withdraw and go back to Cambodia where its much easier. 

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Mine got refused as well. Retail Manager, NT, LR Country, everything lodged Jan 2017
Reasons given are word for word the same Cippalippa
The big boss wants to appeal it as there are genuine mitigating circumstances which weren't considered and i few that we didn't supply evidence on to be fair, BUT i don't know if i can be arsed waiting another year for a yes or no only to have to stick it out another year or 2 to fulfill the visa obligations IF it is approved.
The new hot thread here will be AAT timeline for 187 visa refusal from the looks of it.
Its particularly unfortunate getting this notice just after Christmas as i have lots of stuff to sell and not long to do it. Might appeal, settle my affairs and then withdraw and go back to Cambodia where its much easier. 

I'm really scared now. I have been sponsored by fast food company as a retail manager. I got four assistant manages under me and 43 crew. You never know, immi might say that I'm just like a supervisor

Retail Manager
HR, 2 PP
Nomination and Visa :24/02/17
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Retail Manager

Visa and Nomination: 20-02-2018.

HR

2 people

NSW

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I'm really scared now. I have been sponsored by fast food company as a retail manager. I got four assistant manages under me and 43 crew. You never know, immi might say that I'm just like a supervisor

Retail Manager
HR, 2 PP
Nomination and Visa :24/02/17


Maybe they will be satisfied by the fact that you manage a lot of people. But if they really don’t want to give pr’s to retail managers they can always find another excuse. I hope it is not going to be your case.
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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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Need one clarification once we apply for the AAT for both nomination and visa refusal what waiting period apply for us ?  According to the AAT web, nomination refusal waiting period average is 424 days and bridging visa average is 21 days therefore I just want to know AAT for the visa will remain hold until the decision for the AAT nomination?

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Hi Eelias  

I am also got sponsored by fast food company as retail mangers and same 5 mangers and 45 crew. 

Could you please tell me which state did you apply from?

 

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Hi All, 

I also have same condition busniess nomination refused. I applied as Retail Manager from Solar business. 

I received refusal in Dec and applied AAT review. 

I have all proof and evidence to support my view but for safe side. Im palning to apply new nomination from different business as retail manager. 

But someone said it will effect my AAT case. So, Im confused is good idea to apply new nomaination from new business  or just wait for open AAT file. 

How long AAT take to open case file?

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