acc0101 Posted July 25, 2017 Share Posted July 25, 2017 Almost 6 months waiting and my job nomination has been refused yesterday. That mean i only got 27 days to stay.. My agent suggested me to appeal to MRT. But some article said if the nomination is not approved, i have no rights to appeal anything. Is that true ? Quote Link to comment Share on other sites More sharing options...
wrussell Posted July 26, 2017 Share Posted July 26, 2017 Quote But some article said if the nomination is not approved, i have no rights to appeal anything. Is that true ? No. Quote Link to comment Share on other sites More sharing options...
Madhav Posted July 26, 2017 Share Posted July 26, 2017 Ask your employer if he is willing to apply for review. If he is happy to spend $1600 for MRT fee. But you can't do anything if he is not willing to. Sent from my iPhone using PomsinOz Quote Link to comment Share on other sites More sharing options...
wrussell Posted July 26, 2017 Share Posted July 26, 2017 The AAT filing fee is $1731. If the nomination is under review, the visa applicant has review rights, if s/he is in Australia. May I suggest that you consult a registered migration agent? Quote Link to comment Share on other sites More sharing options...
acc0101 Posted July 26, 2017 Author Share Posted July 26, 2017 59 minutes ago, wrussell said: The AAT filing fee is $1731. If the nomination is under review, the visa applicant has review rights, if s/he is in Australia. May I suggest that you consult a registered migration agent? Registered Agent. My company use same agent for another 457 application before, totally okay. The reason of rejection is quite subjective, IMMI said do not a enough document to proof the job nomination reach the skill level as their definition, but they didn't asked for further document before, then reject our nomination directly. Anyone know how long will take for the MRT process ? If it is over a year, i may able to apply the partner at that time. Quote Link to comment Share on other sites More sharing options...
wrussell Posted July 27, 2017 Share Posted July 27, 2017 Quote but they didn't asked for further document before, then reject our nomination directly. They do not have to: MIGRATION ACT 1958 - SECT 54 Minister must have regard to all information in application (1) The Minister must, in deciding whether to grant or refuse to grant a visa, have regard to all of the information in the application. (2) For the purposes of subsection (1), information is in an application if the information is: (a) set out in the application; or (b) in a document attached to the application when it is made; or (c) given under section 55. (3) Without limiting subsection (1), a decision to grant or refuse to grant a visa may be made without giving the applicant an opportunity to make oral or written submissions. Quote Anyone know how long will take for the MRT process ? The MRT no longer exists. You can expect the AAT to take a year or so from the date of application to make a decision. Quote Link to comment Share on other sites More sharing options...
acc0101 Posted July 28, 2017 Author Share Posted July 28, 2017 20 hours ago, wrussell said: They do not have to: MIGRATION ACT 1958 - SECT 54 Minister must have regard to all information in application (1) The Minister must, in deciding whether to grant or refuse to grant a visa, have regard to all of the information in the application. (2) For the purposes of subsection (1), information is in an application if the information is: (a) set out in the application; or (b) in a document attached to the application when it is made; or (c) given under section 55. (3) Without limiting subsection (1), a decision to grant or refuse to grant a visa may be made without giving the applicant an opportunity to make oral or written submissions. The MRT no longer exists. You can expect the AAT to take a year or so from the date of application to make a decision. Cheers mate, Thanks for your details. Another reason for me to appeal to AAT is letting-out the time to stay in AUS with my GF ( she is PR), and apply for partner visa. wish the appeal time will take over a year. Quote Link to comment Share on other sites More sharing options...
wrussell Posted July 28, 2017 Share Posted July 28, 2017 Quote Another reason for me to appeal to AAT is letting-out the time to stay in AUS with my GF ( she is PR), and apply for partner visa. If you have a visa refusal onshore, an onshore partner application would not be a viable strategy. May I suggest again that you consult a registered migration agent? Quote Link to comment Share on other sites More sharing options...
acc0101 Posted July 28, 2017 Author Share Posted July 28, 2017 3 hours ago, wrussell said: If you have a visa refusal onshore, an onshore partner application would not be a viable strategy. May I suggest again that you consult a registered migration agent? Yes mate, they re registered. i am now collecting the 1 year living time in AUS, hopefully the appeal time will take more than this and i will apply partner visa off shore. Quote Link to comment Share on other sites More sharing options...
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