zijse Posted April 19, 2017 Share Posted April 19, 2017 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! Quote Link to comment Share on other sites More sharing options...
Jamie03 Posted April 19, 2017 Share Posted April 19, 2017 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 29/04/2016HR,QLD 1 Quote Link to comment Share on other sites More sharing options...
zijse Posted April 20, 2017 Author Share Posted April 20, 2017 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! 1 Quote Link to comment Share on other sites More sharing options...
Alok Handa Posted April 25, 2017 Share Posted April 25, 2017 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 . Quote Link to comment Share on other sites More sharing options...
Nemesis Posted April 26, 2017 Share Posted April 26, 2017 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! 1 Quote Link to comment Share on other sites More sharing options...
dalla Posted December 21, 2017 Share Posted December 21, 2017 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. Quote Link to comment Share on other sites More sharing options...
Cippalippa Posted December 22, 2017 Share Posted December 22, 2017 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. Quote Link to comment Share on other sites More sharing options...
Cippalippa Posted December 29, 2017 Share Posted December 29, 2017 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. Quote Link to comment Share on other sites More sharing options...
dalla Posted December 31, 2017 Share Posted December 31, 2017 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. Quote Link to comment Share on other sites More sharing options...
dalla Posted December 31, 2017 Share Posted December 31, 2017 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. Quote Link to comment Share on other sites More sharing options...
Gav1 Posted January 2, 2018 Share Posted January 2, 2018 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 Quote Link to comment Share on other sites More sharing options...
Cippalippa Posted January 3, 2018 Share Posted January 3, 2018 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. Quote Link to comment Share on other sites More sharing options...
Clareliao Posted January 3, 2018 Share Posted January 3, 2018 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? Quote Link to comment Share on other sites More sharing options...
simar27 Posted January 3, 2018 Share Posted January 3, 2018 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 youapply for a merits review of that decision within the required timeframe, this bridging visa willallow you to remain in Australia until 28 calendar days after you are notified of the meritsreview outcome by the merits review tribunal.If the merits review tribunal remits your application to the department for reconsideration, thisbridging visa will allow you to remain lawfully in Australia until 28 calendar days after you arenotified by the department of the decision on your Regional Employer Nomination (subclass187) 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 Quote Link to comment Share on other sites More sharing options...
Gav1 Posted January 3, 2018 Share Posted January 3, 2018 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. Quote Link to comment Share on other sites More sharing options...
simar27 Posted January 3, 2018 Share Posted January 3, 2018 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 Quote Link to comment Share on other sites More sharing options...
Gav1 Posted January 3, 2018 Share Posted January 3, 2018 Thanks mate Quote Link to comment Share on other sites More sharing options...
dalla Posted January 3, 2018 Share Posted January 3, 2018 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? Quote Link to comment Share on other sites More sharing options...
Samson Posted January 4, 2018 Share Posted January 4, 2018 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? Quote Link to comment Share on other sites More sharing options...
Guu Posted January 6, 2018 Share Posted January 6, 2018 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. 1 Quote Link to comment Share on other sites More sharing options...
eelias Posted January 7, 2018 Share Posted January 7, 2018 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 [emoji20][emoji20][emoji20]Retail ManagerHR, 2 PPNomination and Visa :24/02/17 1 Quote Link to comment Share on other sites More sharing options...
Cippalippa Posted January 7, 2018 Share Posted January 7, 2018 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 [emoji20][emoji20][emoji20]Retail ManagerHR, 2 PPNomination and Visa :24/02/17Maybe 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. 2 Quote Link to comment Share on other sites More sharing options...
dalla Posted January 7, 2018 Share Posted January 7, 2018 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? Quote Link to comment Share on other sites More sharing options...
Mc14 Posted January 8, 2018 Share Posted January 8, 2018 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? Quote Link to comment Share on other sites More sharing options...
Raj3077 Posted January 8, 2018 Share Posted January 8, 2018 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? Quote Link to comment Share on other sites More sharing options...
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