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AAT Won for 187


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On 08/07/2019 at 15:59, 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.
 

Hi

May I ask beside this list, do you provide anything else? Thank you so much

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22 hours ago, Cippalippa said:

 


I also sent updated organisational chart and job description of the other positions within the coffee shop.

 

Hi 

did you update all these documents after they asked for? 

Have you heard back something from immigration?

 Thanks 

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Hi 
did you update all these documents after they asked for? 
Have you heard back something from immigration?
 Thanks 


Yes, I did it when they asked for supporting documents. The tribunal approved the nomination on 29/08/19 and on 02/09/19 immigration asked me for updated Australian police clearance and medicals. For my partner they also asked national police clearance (uk and Italy) and proof of de facto relationship.
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29 minutes ago, Cippalippa said:

 


Yes, I did it when they asked for supporting documents. The tribunal approved the nomination on 29/08/19 and on 02/09/19 immigration asked me for updated Australian police clearance and medicals. For my partner they also asked national police clearance (uk and Italy) and proof of de facto relationship.

 

Thank you so much for reply.

actually, I have also applied in AAT for nomination review in February 2018 but has not heard anything yet so stressed 😥 

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1 hour ago, Parry said:

Thank you so much for reply.

actually, I have also applied in AAT for nomination review in February 2018 but has not heard anything yet so stressed 😥 

Hi Parry

which state you applied and which occupation i am also waiting from april 2018 still waiting qld 

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53 minutes ago, saishilpa said:

Hi Parry

which state you applied and which occupation i am also waiting from april 2018 still waiting qld 

 

53 minutes ago, saishilpa said:

Hi Parry

which state you applied and which occupation i am also waiting from april 2018 still waiting qld 

Hi saishilpa 

i applied from NSW as retail manager 

thanks

 

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quick help  please 

submitted the documents in AAT. Still Few documents are outstanding,Can  my employer provide remaining  documents while hearing. My employer could not provide all documents due to  his outside location.can he submit later on.Is this impact on my case. 

 

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quick help  please 
submitted the documents in AAT. Still Few documents are outstanding,Can  my employer provide remaining  documents while hearing. My employer could not provide all documents due to  his outside location.can he submit later on.Is this impact on my case. 
 



As far as I know, without a hearing they can only finalise your case when in your favour. If they are not satisfied with the documents submitted, they will summon you for a hearing, you can then present further evidence.
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8 minutes ago, Shab said:

Occupation: Retail manager

nom and visa dec 2016

AAT applied feb 2018

state: Tasmania

same reason retail supervisor.

invited for documents submission in AAT Aug 2019.

what about you

mine is training benchmark and applied on april 2018 in qld as restaurant manager

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Hi guys,

I have a question,

I received a visa refusal for 187 in Victoria,because the immigration agent of the company give the bas statement of the trust in which my nominator company is been absorbed.  The nominator company is not operating anymore but the trust is running everything. Obviously they didn't give any proof of this to explain the situation to the immigration. Now we did appeal through AAT. My question is do we have some chances to win the case? 

Thank you very much 

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9 hours ago, Matt87 said:

Hi guys,

I have a question,

I received a visa refusal for 187 in Victoria,because the immigration agent of the company give the bas statement of the trust in which my nominator company is been absorbed.  The nominator company is not operating anymore but the trust is running everything. Obviously they didn't give any proof of this to explain the situation to the immigration. Now we did appeal through AAT. My question is do we have some chances to win the case? 

Thank you very much 

Does the trust have a different ABN to the company which you used in your application? This will be a problem if so.

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Just now, Matt87 said:

Yes different ABN for that I had the refusal... 

You can’t appeal for a different ABN. You will be wasting your money, it will be a straight refusal. Your employer needs to lodge a new nomination with the correct ABN. Your agent should know this. If they don’t, they are not competent and I would be sourcing a new (reputable) agent to handle your case.

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2 hours ago, Wonderingaloud said:

You can’t appeal for a different ABN. You will be wasting your money, it will be a straight refusal. Your employer needs to lodge a new nomination with the correct ABN. Your agent should know this. If they don’t, they are not competent and I would be sourcing a new (reputable) agent to handle your case.

We are already doing a new application,  but yes I imagined that,  the mistake was too big and yes the agent is an incompetent. Everything was going great, rcb received in 10 days,  application opened in 7 months... In December probably I was resident if this I***t known how to do his job... Now I have to do everything again from the beginning... 

Thank you very much.  

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On 09/09/2019 at 19:47, Avygill said:

Hi Parry

Did your MA uploaded all the required documents and justification for refusal.

What extra documents and proofs you gave?

Hi

we have submitted all the required documents at the lodgement, 

we are keeping all our documents up to date when they will ask we submit 

thanks

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3 minutes ago, Step said:

Hi everyone,

I got some good news to share. After one week of the hearing, finally I got set aside decision. And my file will be back to immigration soon. Hope all of you can hear some good news. 

Great news!

Could you please describe the hearing in detail? Also, why couldn't they decide based on paper?

 

Thanks

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2 minutes ago, MilaMocha said:

Great news!

Could you please describe the hearing in detail? Also, why couldn't they decide based on paper?

 

Thanks

They just invited my boss to the hearing. So I am not sure the detail of the hearing. I think AAT  need to be careful about their decision. So hearing is not the bad process. It gives employer to explain more. If you are genuine position, don’t worry too much.

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6 minutes ago, Step said:

They just invited my boss to the hearing. So I am not sure the detail of the hearing. I think AAT  need to be careful about their decision. So hearing is not the bad process. It gives employer to explain more. If you are genuine position, don’t worry too much.

I see.

You lodged the appeal in Oct 2018? If so, that's quite a short waiting time, lucky you.

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