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AAT Won for 187


zijse

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oh wow congrats

how long after you appealed?

you know what docs?

[emoji1316]

 

We lodged the nomination appeal in January 2018 and the for the visa in early February.

Funny thing is that last month I notified the AAT that I was going back to my Country on holiday in August and they replied saying that they were not going to schedule any hearing over the same period. Not sure if that had anything to do with them picking up my case.

Not sure what documents were requested as for now they have asked supporting documents for the nomination part.

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I have found out what documents were requested by AAT. You can find them listed below with my lawyer’s notes:

1. An ASIC Current and Historical Extract for .


What is required is the actual extract from the ASIC records and not merely a summary of the current information relating to directors and shareholders.

2. Registration of Business Name for .

This is the registration of the business name which appears on the ASIC Register.

3. Signed Financial Statements for the year ending July 2017. Please advise when the financials for June 2019 are likely to be completed.

The AAT has not asked for the 2019 Financials, but they should be provided when available.

4. Business Activity Statements lodged for all four quarters of the 2017, 2018 and 2019 financial years.

The AAT has only requested Business Activity Statements for the financial years ending June 2017 and June 2018, but in view of the fact that we need to demonstrate that the business is ongoing and has the financial capacity to pay the nominated salary, I recommend that you provide BAS statements for the 2019 financial year as well.

5. Information about the roles and duties of the nominated position. I am currently working on this, based on the information provided to me.

6. Is the attached employment contract including the job description a copy of the employee’ current contract. If not then can you please provide a copy of the new contract or notifications of any variations to the contract including salary increases.

The AAT assesses the application at the time of the review and if any circumstances have changed relating to the nominee’s contract including their duties, then the AAT needs to be updated. My question here is whether the contract and job description has been varied in any way, including any salary increases, and if so then copies of those documents should be provided. I have been provided with copies of employee’s payslips which reflect an increase, but if there was any notification in writing to advise of that increase, then a copy should be provided. Similarly, if there have been any variations to her terms and conditions of employment and job description, and if those variations have been recorded in writing, then copies should be provided. If there has been a change to her job description, which has not previously been recorded in writing, then details of the current job description should be provided.

7. The genuine need to employ the nominated person will be addressed in conjunction with the response to point number 5.

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15 minutes ago, Cippalippa said:

I have found out what documents were requested by AAT. You can find them listed below with my lawyer’s notes:

1. An ASIC Current and Historical Extract for .


What is required is the actual extract from the ASIC records and not merely a summary of the current information relating to directors and shareholders.

2. Registration of Business Name for .

This is the registration of the business name which appears on the ASIC Register.

3. Signed Financial Statements for the year ending July 2017. Please advise when the financials for June 2019 are likely to be completed.

The AAT has not asked for the 2019 Financials, but they should be provided when available.

4. Business Activity Statements lodged for all four quarters of the 2017, 2018 and 2019 financial years.

The AAT has only requested Business Activity Statements for the financial years ending June 2017 and June 2018, but in view of the fact that we need to demonstrate that the business is ongoing and has the financial capacity to pay the nominated salary, I recommend that you provide BAS statements for the 2019 financial year as well.

5. Information about the roles and duties of the nominated position. I am currently working on this, based on the information provided to me.

6. Is the attached employment contract including the job description a copy of the employee’ current contract. If not then can you please provide a copy of the new contract or notifications of any variations to the contract including salary increases.

The AAT assesses the application at the time of the review and if any circumstances have changed relating to the nominee’s contract including their duties, then the AAT needs to be updated. My question here is whether the contract and job description has been varied in any way, including any salary increases, and if so then copies of those documents should be provided. I have been provided with copies of employee’s payslips which reflect an increase, but if there was any notification in writing to advise of that increase, then a copy should be provided. Similarly, if there have been any variations to her terms and conditions of employment and job description, and if those variations have been recorded in writing, then copies should be provided. If there has been a change to her job description, which has not previously been recorded in writing, then details of the current job description should be provided.

7. The genuine need to employ the nominated person will be addressed in conjunction with the response to point number 5.
 

Thank you!

You did not submit anything while waiting for they to open the appeal? You waited for them to request before you provide anything?

Just wondering if it's better to upload anything we believe is relevant or wait on them to request.


Thank you

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Thank you!

You did not submit anything while waiting for they to open the appeal? You waited for them to request before you provide anything?
Just wondering if it's better to upload anything we believe is relevant or wait on them to request.

Thank you


When we lodged the appeal application my lawyer sent the same documents that were lodged for the nomination application.

These are the documents that my lawyer requested from my employer prior to AAT contacting my lawyer. I don’t believe these documents were sent yet:

- copy of the financial statements for the tax year ending June 2018, a copy of your management accounts for the year to date to 31 May 2019. As soon as the June 2019 financial statements are available would you provide a copy.

- updated company structure chart.

- copy of employee’s most recent payslip, as well as confirmation of current salary. Also advise what Award applies to Retail Managers and at which level does the employee fit in.

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Hello everyone. One of my friends has applied for AAT back in March 2018. For his nomination refusal. Later down the year his relationship with his wife didn’t go well and his wife went back to her home country and booked him domestic violence case. His question is after getting decision reverse from AAT does a civil matter in the court would make police clearance fail. If so then can immigration refuse his application on that Civil court matter?  

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6 hours ago, rizwan_syeds said:

Hello everyone. One of my friends has applied for AAT back in March 2018. For his nomination refusal. Later down the year his relationship with his wife didn’t go well and his wife went back to her home country and booked him domestic violence case. His question is after getting decision reverse from AAT does a civil matter in the court would make police clearance fail. If so then can immigration refuse his application on that Civil court matter?  

Potentially yes, as he might not meet the character requirements. Australia are really clamping down on domestic violence. 

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49 minutes ago, MNT said:

Hi Harp, please visit their page and you can find all the details there

 

Cheers and all the very best>>>

C54AF9C3-A2E1-475E-BBD0-571D7DEB2685.jpeg

15D517A6-84D5-4C08-B4A8-E0C6CDD659F8.jpeg

Guys, any idea what is the processing time in nsw for aat, waiting from last 8 months, my nomination was refused as chef after 8 months on 7 November 2018, and the decision was complete error.

Edited by Jugraj
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Hey there, after been contacted by aat, my lawyer finally submitted all supporting documents yesterday. Now we wait... hopefully we hear something soon.

Do you guys know if the office that review the documents is in the same State of where you applied from or it goes to a central office?

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Bad news😐😐

After 21months waiting,  I got nomination refusal. Without requesting any doc

Reason : company not able to pay my salary.

But my MA said they make technical error like calculation of Salary and wages because some employees is on contract, and its not calculated. He will email to immi officer and draw attention of technical error even in letter put 457 visa things which is not apply on me .

Has anyone  had this type of situation?

I'm wondering like immi officer reply after decision to us or not?

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11 hours ago, Cippalippa said:

Hey there, after been contacted by aat, my lawyer finally submitted all supporting documents yesterday. Now we wait... hopefully we hear something soon.

Do you guys know if the office that review the documents is in the same State of where you applied from or it goes to a central office?

I think it’s a place where you applied. 

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On 13/02/2019 at 11:01, Rhitesh said:

my MA advise that they can pay 2% training benchmark of 2years lumsumb and company did by the time SAF levy was introduce and company again paid 3000 doller for SAF levy my nomination was lodge in september 2018 i am worried about whether my nomination will grant or not because they didnt meet tainging benchmark on past however some MA told me that if you lodge After auguest 12,2018 you dont need to meet training benchmark you have to pay SAf levy my resturant paid both and resturant located in very regional area of victoria  where population is only 200 people what will be the chance of getting nomination ?? anyone can explain me please 

thank you 

occupation:cook 

186 TRT 

lodge 25 sepetember 2018

hi rhitesh did you get your pr

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On 05/07/2019 at 14:11, Cippalippa said:

 

We lodged the nomination appeal in January 2018 and the for the visa in early February.

Funny thing is that last month I notified the AAT that I was going back to my Country on holiday in August and they replied saying that they were not going to schedule any hearing over the same period. Not sure if that had anything to do with them picking up my case.

Not sure what documents were requested as for now they have asked supporting documents for the nomination part.

Hi Cippalippa 

Can you please help me by providing some information as i am going through same boat like what was the reason for refusal and did you get any update from AAT  after supporting documents

Thanks

shilpa

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Hi Cippalippa 
Can you please help me by providing some information as i am going through same boat like what was the reason for refusal and did you get any update from AAT  after supporting documents
Thanks
shilpa


Hi Shilpa,
My reason for refusal was because the case officer assumed my employer works at the shop and therefore my position duties are more in line of those of a retail supervisor rather than manager. We submitted along with financial statements, organisational chart, contract and job descriptions of all the staff, 2 statements, one from me and one from my employer. My statement is more comprehensive (11 pages long) and I gave a background of my role in the shop and in detail how and in what way I carry out each tasks that a retail manager is supposed to do. We made sure that we disproved all case officer’s arguments in the statement and attaching evidence of my claims.

We submitted the documents last Wednesday but we haven’t received any feedback from the tribunal yet. I wish I could have a positive feedback by the time I am going on holiday as it won’t feel like a holiday if my mind keeps thinking about the appeal.

Should you need any further info let me know ;-)
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3 minutes ago, Cippalippa said:

 


Hi Shilpa,
My reason for refusal was because the case officer assumed my employer works at the shop and therefore my position duties are more in line of those of a retail supervisor rather than manager. We submitted along with financial statements, organisational chart, contract and job descriptions of all the staff, 2 statements, one from me and one from my employer. My statement is more comprehensive (11 pages long) and I gave a background of my role in the shop and in detail how and in what way I carry out each tasks that a retail manager is supposed to do. We made sure that we disproved all case officer’s arguments in the statement and attaching evidence of my claims.

We submitted the documents last Wednesday but we haven’t received any feedback from the tribunal yet. I wish I could have a positive feedback by the time I am going on holiday as it won’t feel like a holiday if my mind keeps thinking about the appeal.

Should you need any further info let me know 😉

 

Thanks a lot for your reply. actually i want to ask you something more. may i know how and when was your training benchmark paid?

thanks

shilpa

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