AAT

[Amy Caur]

Hi 

I applied for RSMS (direst entry ) in may 2016 visa and nomination together , got visa declined in August 2018 becz they confused my identity with someone else where I left my work in 2009 and there is section 4020 becz of that reference check I applied AAT in September but at that time business nomination was still pending now in 2019 August they declined nomination as well and I did not appeal against nomination as ownership changed . 

Now my file regarding my visa still in AAT and I am fighting so they can re-enquiry and remove that section so I can apply another file but all migration agents are giving different opinions , majority of them are saying that AAT would not even look at file as nomination is not attached there but I am there becz of my 4020 so  is there anyone who been through same situation if someone can help out please 

thank you 

 

[Samson]

I believe the rule is pretty clear. 
 

Pending Nomination = AAT still have power to review visa refusal 

Refused Nomination = AAT do not have power to review visa refusal 

Approved Nomination that’s still valid = AAT Have POWER to Review visa refusal 

Approved Nomination that’s expired post 12 months AAT do not have rights to review 

Pending Nomination When Visa Appeal was lodged then that nomination being refused as long as that nomination was also appealed to the AAT within the timelines then AAT have rights to review the visa refusal but first would assess the nomination refusal and if they could not set aside that decision and it was affirmed then they would have no rights to refuse the visa refusal. 
 

Unfortunately you have no nomination or one that you appealed in time so I agree with the other advice you have received and say the AAT will not review the visa refusal. 

[Amy Caur]

My visa was refused in 2018 and in 2019 they refused the nomination and business closed down and I am just going ahead with AAT to get rid of 4020 so what's the solution