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AAT Won for 187


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On 04/02/2020 at 21:10, SiansALlama said:

Hey guys finally found a forum of people in the same boat yay! 

I am in WA, my employer (under different management) sponsored me for a 187 visa as a veterinary sexretary in Feb 2017, secretary removed from the list in March 2017 but didnt affect my application. Refusal and application to AAT in June 2018 as migration agent/old manager didnt supply relevant financial documents to prove they can support my wage for 2 years. Still waiting and 60 something days away from the ever increasing average waiting time, currently 680 something days.

I had a baby in Aug 2018, he was added on to our application. I couldn't afford to pay the migration agent to help with the AAT application or hearing and he refused to accept any repsonsibility for not supplying the correct documents because he asked the manager for them. I was unaware of this and that the application was submitted without them. 

Anyway I am very nervous that we do not have any legal guidance and wonder if anyone else is going to the AAT alone? 

If for whatever reason the documents weren’t provided, that’s on your end, not immigration. I don’t see what there is to appeal. If you did provide documents that were overlooked by immigration or were interpreted incorrectly, then at AAT the company can argue its case. 
 

Was your agent MARA registered? If so you should be able to claim your money back through the indemnity insurance they carry. This is why it’s recommended to use only Mara registered agents. Also, they would have known that submitting an application without the relevant docs would result in a refusal so it was pretty poor of them to let that happen. 
 

There are agents who post on this forum regularly who do free consults on your situation. It would definitely be worth doing this to see if your AAT even has a chance. 

AAT is complex and it is risky to go it alone. I don’t think you’ll find many who’ve attempted it. Even if they have, every situation is different so it won’t reflect on how your experience will go.

Best of luck. 

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On 04/02/2020 at 21:10, SiansALlama said:

Hey guys finally found a forum of people in the same boat yay! 

I am in WA, my employer (under different management) sponsored me for a 187 visa as a veterinary sexretary in Feb 2017, secretary removed from the list in March 2017 but didnt affect my application. Refusal and application to AAT in June 2018 as migration agent/old manager didnt supply relevant financial documents to prove they can support my wage for 2 years. Still waiting and 60 something days away from the ever increasing average waiting time, currently 680 something days.

I had a baby in Aug 2018, he was added on to our application. I couldn't afford to pay the migration agent to help with the AAT application or hearing and he refused to accept any repsonsibility for not supplying the correct documents because he asked the manager for them. I was unaware of this and that the application was submitted without them. 

Anyway I am very nervous that we do not have any legal guidance and wonder if anyone else is going to the AAT alone? 

Just to add, if you post on the visa chat section of the forum you might get more replies/advice, possibly some from the agents who post on here regularly also. 

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On 04/02/2020 at 20:54, Leticia said:

Hi Saj 

after the AAT received all the documents they booked a hearing ? Did you participate  the hearing ? 
please tell me how ir worked for your success case ?

thanks 

all the best and congrats 

Hi Leticia

Hearing date booked after lodgement of all documents. (40 min hearing)My boss and Agent went to  hearing (vic)my boss said our tribunal officer was very nice. He checked all financial documents. Company profit increased than before.and company paid me salaries, super,Training past 2 yrs .after the hearing they approved nomination and my visa file sent to the immigration. 

Today CO appointed and asked me Medical and police Reports.

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On 06/02/2020 at 17:58, Wonderingaloud said:

If for whatever reason the documents weren’t provided, that’s on your end, not immigration. I don’t see what there is to appeal. If you did provide documents that were overlooked by immigration or were interpreted incorrectly, then at AAT the company can argue its case. 
 

Was your agent MARA registered? If so you should be able to claim your money back through the indemnity insurance they carry. This is why it’s recommended to use only Mara registered agents. Also, they would have known that submitting an application without the relevant docs would result in a refusal so it was pretty poor of them to let that happen. 
 

There are agents who post on this forum regularly who do free consults on your situation. It would definitely be worth doing this to see if your AAT even has a chance. 

AAT is complex and it is risky to go it alone. I don’t think you’ll find many who’ve attempted it. Even if they have, every situation is different so it won’t reflect on how your experience will go.

Best of luck. 

Thank you so much for your advice! I just checked and the agent isn't MARA registered 😞 he was recommended to me by my employer. He submitted an application for a veterinarian position In the same company without the documents a few months prior to my secretary application and that was approved. I complained to the agent but he showed me that he had asked my old manager 20 times for the documents, he mentioned it to me once but my manager told me he would send them straight away and as far as I was aware they had been supplied. He wanted to charge me an extra $6000 to appeal and I couldnt afford to. 

I will look for a free initial consult with another agent and take it from there, thank you again 🙂

 

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9 hours ago, SiansALlama said:

Thank you so much for your advice! I just checked and the agent isn't MARA registered 😞 he was recommended to me by my employer. He submitted an application for a veterinarian position In the same company without the documents a few months prior to my secretary application and that was approved. I complained to the agent but he showed me that he had asked my old manager 20 times for the documents, he mentioned it to me once but my manager told me he would send them straight away and as far as I was aware they had been supplied. He wanted to charge me an extra $6000 to appeal and I couldnt afford to. 

I will look for a free initial consult with another agent and take it from there, thank you again 🙂

 

If they are not MARA registered they are not an Agent.

If they are operating in Australia, they are doing so illegally, as only Registered Migration Agents can can give you immigration assistance.

If the nomination was refused for lack of financials, it is your employer who will need to attend the AAT for the refused nomination. You cannot represent your employer at the AAT.

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Hi,

I have lodged an appeal for both my 186 nomination and visa refusal in September 2018, and still waiting to hear from the AAT.(I am in Perth).

Anybody in the same situation? We have been waiting for 17 months so far, we have a 3 yo daughter and as you know, it's so hard to live like this, without being able to plan anything.

I have heard so many stories, and it seems that the majority of these appeals are successful, which is a good news (if you don't focus on the epic waiting times....).

I have been seen a lawyer, who suggest to submit all the documents to the AAT before they will get in contact, to see if they can make a decision faster and on paper (no hearing). Anybody has any experience like that?

Any suggestion or comment would be appreciated and good luck to all of you!

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On 08/02/2020 at 01:02, Saj1 said:

Hi Leticia

Hearing date booked after lodgement of all documents. (40 min hearing)My boss and Agent went to  hearing (vic)my boss said our tribunal officer was very nice. He checked all financial documents. Company profit increased than before.and company paid me salaries, super,Training past 2 yrs .after the hearing they approved nomination and my visa file sent to the immigration. 

Today CO appointed and asked me Medical and police Reports.

Hi,

 

After submitting the documents  how many days have waited for hearing date?

My company is going to submit the documents tomorrow.

Please reply to me.

 

Thanks,

Hari

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21 minutes ago, Hari_999 said:

Hi,

 

After submitting the documents  how many days have waited for hearing date?

My company is going to submit the documents tomorrow.

Please reply to me.

 

Thanks,

Hari

Hi Hari,

AAT REQUESTSED documents early october.15 Oct we submitted. Again requested documents middle of December .then end of January they schedule hearing. Approve nomination same day.Good luck mate!

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10 hours ago, MoolaMantra said:

Hi,

I have lodged an appeal for both my 186 nomination and visa refusal in September 2018, and still waiting to hear from the AAT.(I am in Perth).

Anybody in the same situation? We have been waiting for 17 months so far, we have a 3 yo daughter and as you know, it's so hard to live like this, without being able to plan anything.

I have heard so many stories, and it seems that the majority of these appeals are successful, which is a good news (if you don't focus on the epic waiting times....).

I have been seen a lawyer, who suggest to submit all the documents to the AAT before they will get in contact, to see if they can make a decision faster and on paper (no hearing). Anybody has any experience like that?

Any suggestion or comment would be appreciated and good luck to all of you!

Hey 

what’s ur refusal reason ??i also  from Perth... w8ting from last 22 months almost 

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13 hours ago, Saj1 said:

Hi Hari,

AAT REQUESTSED documents early october.15 Oct we submitted. Again requested documents middle of December .then end of January they schedule hearing. Approve nomination same day.Good luck mate!

Thank you very much for the info. will keep update you.

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14 hours ago, Perth77 said:

Hey 

what’s ur refusal reason ??i also  from Perth... w8ting from last 22 months almost 

Hi, my refusal reason was that the applicant has not demonstrated the need for my position (considering that I was on a 457 -same business / same positions - granted by the same department!

 
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On 15/02/2020 at 03:08, GuRi Perth said:

Hi everyone just want to know  doesn’t anyone got nominations approval refused on financial ground that business can’t pay you two years. But business is going in profit and and paying from more than17 months.

I am sure there are lots of people with the same refusal. 

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