Jump to content

AAT Won for 187


zijse

Recommended Posts

Hi everyone, 

I just recently got the refusal nomination from DHA. The agent will lodge the AAT for me soon. Can anyone please let me any chance for me to get the positive outcome of the AAT if the reasons to get the refusal of nomination include:

(i) whether the identified person would be paid at least the annual market salary rate for the occupation; --> this is because a salary in the range of $60,000 - $65,000pa was expected for candidates with 3 years’ experience and $70,000 to $75,000 pa for candidates with 5 years experience, but the nominated position required 3 years’ experience and offered $54,000pa which appears low in comparison.

(ii) whether there is a genuine need for the identified person to be employed in the position, under the direct control of the nominator; --> this is because the employer advertised to sale the property that DHA defined it is the core of the business, but technically, the business and the property completely different. The property included a luxury hotel, and the main activity of business based on it. (Immigration agent explained me that the concepts of property and business are different)

(iii) whether the position can be filled by an Australian citizen or an Australian permanent resident who is living in, or would move to, the local area concerned; --> the DHA commented that this is because the procedure of recruitment that lack of genuine rigour in searching the local labour market as about 20 applications received, no interviews conducted. And the employer haven't had the evidence of how I'm the best candidate to be chosen for the role. 

My deadline is only about 2 weeks to lodge the AAT. Please with you guys experience, can anyone please tell me if any hope for the nomination outcome to PR.

Thanks so much and best of luck for everyone. 

Edited by Tiffany N
  • Like 1
Link to comment
Share on other sites

16 minutes ago, Tiffany N said:

Hi everyone, 

I just recently got the refusal nomination from DHA.

(i) whether the identified person would be paid at least the annual market salary rate for the occupation; --> this is because a salary in the range of $60,000 - $65,000pa was expected ....but the nominated position required 3 years’ experience and offered $54,000pa 

(ii) whether there is a genuine need for the identified person to be employed in the position, under the direct control of the nominator; --> this is because the employer advertised to sale the property...The property included a luxury hotel, and the main activity of business based on it. 

(iii) whether the position can be filled by an Australian citizen or an Australian permanent resident who is living in, or would move to, the local area concerned; --> about 20 applications received, no interviews conducted. And the employer haven't had the evidence of how I'm the best candidate to be chosen for the role. 

So you are saying the employer is offering you a below-market salary, which they are not allowed to do.

The employer is selling the hotel where the business operates.  If the employer sells the hotel, will you still be employed by the employer in the same position?  If not, there is not a genuine need.

It's very clear that the employer didn't make a proper effort to find a local candidate, probably because they didn't want to pay the proper salary. 

It does not sound like a convincing case to me. 

 

  • Like 1
Link to comment
Share on other sites

15 minutes ago, Marisawright said:

So you are saying the employer is offering you a below-market salary, which they are not allowed to do.

The employer is selling the hotel where the business operates.  If the employer sells the hotel, will you still be employed by the employer in the same position?  If not, there is not a genuine need.

It's very clear that the employer didn't make a proper effort to find a local candidate, probably because they didn't want to pay the proper salary. 

It does not sound like a convincing case to me. 

  

The employer agreed to lodge the AAT. The situation of Covid19, the hotel is closed, the employer just support jobkeeper for staff who are citizens and PR but I was stood down since March. At the moment, I sometimes work from home for the business but have no pay. I've been told that when the situation covid19 will be better and the business's busy then the boss will ask me to be back to work. Is that possible with my situation like this to lodge AAT. To be honest, I have no idea when the covid19 be better and when I can call back to work.

Link to comment
Share on other sites

20 hours ago, Tiffany N said:

Hi everyone, 

I just recently got the refusal nomination from DHA. The agent will lodge the AAT for me soon. Can anyone please let me any chance for me to get the positive outcome of the AAT if the reasons to get the refusal of nomination include:

(i) whether the identified person would be paid at least the annual market salary rate for the occupation; --> this is because a salary in the range of $60,000 - $65,000pa was expected for candidates with 3 years’ experience and $70,000 to $75,000 pa for candidates with 5 years experience, but the nominated position required 3 years’ experience and offered $54,000pa which appears low in comparison.

(ii) whether there is a genuine need for the identified person to be employed in the position, under the direct control of the nominator; --> this is because the employer advertised to sale the property that DHA defined it is the core of the business, but technically, the business and the property completely different. The property included a luxury hotel, and the main activity of business based on it. (Immigration agent explained me that the concepts of property and business are different)

(iii) whether the position can be filled by an Australian citizen or an Australian permanent resident who is living in, or would move to, the local area concerned; --> the DHA commented that this is because the procedure of recruitment that lack of genuine rigour in searching the local labour market as about 20 applications received, no interviews conducted. And the employer haven't had the evidence of how I'm the best candidate to be chosen for the role. 

My deadline is only about 2 weeks to lodge the AAT. Please with you guys experience, can anyone please tell me if any hope for the nomination outcome to PR.

Thanks so much and best of luck for everyone. 

Your occupation?

Link to comment
Share on other sites

32 minutes ago, Caltex said:

Hlo guys , i m a silent follower of this page , applied MRT in sep2019 as a retail manager nd today My employer received email to provide documents . 

Hi, I am also applied in Sep 2019 as a retail manager but still no news. It's kind of scaring me that they open your file so fast and that means they could open my file anytime soon. but I am not ready yet. pls keep us updated and wish you all the best. The waiting is over for you 😊

Link to comment
Share on other sites

Hlo guys , i m a silent follower of this page , applied MRT in sep2019 as a retail manager nd today My employer received email to provide documents . 
Hello friend.. are they opening 2019 files yet ? Kindly check the year incase you have have written wrong by mistake..
This gave me goosebumps and shock also..
Kindly tell if you are onsure or offsure applicant?
Link to comment
Share on other sites

8 hours ago, Lu Ding said:

Hi, I am also applied in Sep 2019 as a retail manager but still no news. It's kind of scaring me that they open your file so fast and that means they could open my file anytime soon. but I am not ready yet. pls keep us updated and wish you all the best. The waiting is over for you 😊

Yes , Pray for us please nd i will update the good news soon . All the best everyond ☺️☺️

Link to comment
Share on other sites

8 hours ago, Rajat Babbar said:

Hello friend.. are they opening 2019 files yet ? Kindly check the year incase you have have written wrong by mistake..
This gave me goosebumps and shock also..
Kindly tell if you are onsure or offsure applicant?

Hllo Rajat g, the year is 2019 . When i got call from employer i was shocked as well , m waiting from 12 years for this moment. I am onshore applicant . I wish you good luck nd will update next .....

  • Like 1
Link to comment
Share on other sites

9 hours ago, Caltex said:

Hlo guys , i m a silent follower of this page , applied MRT in sep2019 as a retail manager nd today My employer received email to provide documents . 

Hi could you please tell which state ? 

Link to comment
Share on other sites

4 hours ago, MilaMocha said:

Hi Caltex

 

That’s great news!

What was the reason for refusal please? And what documentation did they request?

Best of luck

Duties does not match , as u know they have stupid reasons of refusals ! In my case officer said applicant is doing supervisior duites nd Store Manager. Thank u all the best to you 🙏🙏

Link to comment
Share on other sites

Just now, Caltex said:

Duties does not match , as u know they have stupid reasons of refusals ! In my case officer said applicant is doing supervisior duites nd Store Manager. Thank u all the best to you 🙏🙏

Finacial , profit nd loss , contract letter , organization chart , rcb documents ! All the documents we have provided in nomination , just update them .

  • Like 1
Link to comment
Share on other sites

4 hours ago, Parry said:

Congrats Caltex 

I also applied as retail manager with same reasons from NSW in February 2018 but haven’t heard anything yet 

 Thank u so much , just waiting for positive outcome 🤞. All the best to u Parry 👍👍                                                                

Link to comment
Share on other sites

On 20/06/2020 at 23:07, Tiffany N said:

Hi everyone, 

I just recently got the refusal nomination from DHA. The agent will lodge the AAT for me soon. Can anyone please let me any chance for me to get the positive outcome of the AAT if the reasons to get the refusal of nomination include:

(i) whether the identified person would be paid at least the annual market salary rate for the occupation; --> this is because a salary in the range of $60,000 - $65,000pa was expected for candidates with 3 years’ experience and $70,000 to $75,000 pa for candidates with 5 years experience, but the nominated position required 3 years’ experience and offered $54,000pa which appears low in comparison.

(ii) whether there is a genuine need for the identified person to be employed in the position, under the direct control of the nominator; --> this is because the employer advertised to sale the property that DHA defined it is the core of the business, but technically, the business and the property completely different. The property included a luxury hotel, and the main activity of business based on it. (Immigration agent explained me that the concepts of property and business are different)

(iii) whether the position can be filled by an Australian citizen or an Australian permanent resident who is living in, or would move to, the local area concerned; --> the DHA commented that this is because the procedure of recruitment that lack of genuine rigour in searching the local labour market as about 20 applications received, no interviews conducted. And the employer haven't had the evidence of how I'm the best candidate to be chosen for the role. 

My deadline is only about 2 weeks to lodge the AAT. Please with you guys experience, can anyone please tell me if any hope for the nomination outcome to PR.

Thanks so much and best of luck for everyone. 

I can give u some suggestion because we in same situations Email sukaka013@hotnail.com 

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

×
×
  • Create New...