AAT Won for 187

[Prety]

Mate best of luck

[MNT]

11 hours ago, Sercan said:

Hey all. We finally have a hearing date for 14 of June after 575 days waiting. Restaurant manager in QLD (187 Direct Entry)
I will let all you know how it goes and man pray for us for good news

Best of luck.. keep all the documents crystal clear>>>

[Sercan]

This is great news! Can you tell me did they ask for more information first? Or did they just give you a hearing date straight away? 

They only gave a hearing date that says
We have considered the material before us but we are unable to make a favourable decision on this information alone.
You are invited to appear before the Administrative Appeals Tribunal (AAT) to give evidence and present arguments relating to the issues arising in your case.
We request that any additional documents or information that you may wish to rely on during the hearing be provided to us by 7 June 2019.....to be honest We only have payslips as a additional document.

[MilaMocha]

To be honest I don't think that is enough. Your agent should really prepare a strong case for this one, as in show a business plan that proves they're handling it, have long-term plans and goals, how they deal with the loss, do they invest in something that might support the loss, etc.

Just the payslips is not enough as they can easily see how much you're paid, this needs more than that.

[MaggieMay24]

52 minutes ago, Sercan said:

They only gave a hearing date that says
We have considered the material before us but we are unable to make a favourable decision on this information alone.
You are invited to appear before the Administrative Appeals Tribunal (AAT) to give evidence and present arguments relating to the issues arising in your case.
We request that any additional documents or information that you may wish to rely on during the hearing be provided to us by 7 June 2019.....to be honest We only have payslips as a additional document.

Is additional payslips enough to overcome the reason for the refusal?  Most refusals are due to things like genuine need, so payslips won't prove the business genuinely needs the position.

[MilaMocha]

4 minutes ago, MaggieMay24 said:

Is additional payslips enough to overcome the reason for the refusal?  Most refusals are due to things like genuine need, so payslips won't prove the business genuinely needs the position.

I agree, and the reason in his case is *financial loss*. In my opinion payslips wont be enough as you've had payslips since the day you started, and even without them IMMI can easily see how much you're paid.
When the business is showing loss the best way to fight it is with a strong business plan (long term goals and plan, recovery strategy etc), and investments done by the business (if applicable) to justify it.

[ring3018]

14 hours ago, Sercan said:

Hey all. We finally have a hearing date for 14 of June after 575 days waiting. Restaurant manager in QLD (187 Direct Entry)
I will let all you know how it goes and man pray for us for good news

Did you use a migration agent and what’s your refusal reason?

I don’t think payslip is enough, mine is financial reason as well and we have to prove heaps from the start to the hearing date according to 5.19 4. I think payslip is totally not enough.

[Sercan]

First of all thank you all for the advices and I’ve had a long conversation with our migration agents today and They’re advising to wait only!! As I haven’t asked for any documents by my agents either AAT However They’ve told me that They are already prepared for the hearing Also They will lodge or send documents mostly from the Restaurant Owner such as BAS Payslips Payrolls and a few more things so Apparently We only need to show up there for the hearing unless AAT calls and ask for more information so I will let you all know

[Sahib]

On 29/05/2019 at 09:01, MNT said:

Best of luck.. keep all the documents crystal clear>>>

 

20 hours ago, ring3018 said:

Did you use a migration agent and what’s your refusal reason?

I don’t think payslip is enough, mine is financial reason as well and we have to prove heaps from the start to the hearing date according to 5.19 4. I think payslip is totally not enough.

Hi is it 575 working days or normal 

[MNT]

3 hours ago, Sahib said:

 

Hi is it 575 working days or normal 

AAT processing time differs by state to state. So 575 days could be normal. Which are you from? I mean State?

i am from SA and it took 14months to open my file. That’s roughly around 420days

 

also please note, as everyone has mentioned above, just the PaySlip is not enough. You need to provide a complete set of financial documents to win this case, because your Refusal is about FINANCIAL LOSS OF THE COMPANY. If you provide the payslip, that will cover saying you have been working, but it will not show your company’s financial status. 

Whatever the documents you have submitted during the Application Process is now way too old. So AAT will need Current situation of the company financial, to see if they can run the business and still provide a genuine position to you. AAT will not care about the past of this company, they want to see the present and future of the company.

 

act fast and get them right, you got 15days. Because AAT won’t give you a second hearing.

 

This is my opinion to fight this case and win.

Edited May 30, 2019 by MNT

[Asses]

Can anybody tell me ??

Whats the best supporting documents to describe the genuine position 

As my reason of refusal was my onwer didnt want manager 

He can handle his business himself 

(Supervisor duties)

[Sahib]

3 hours ago, MNT said:

AAT processing time differs by state to state. So 575 days could be normal. Which are you from? I mean State?

i am from SA and it took 14months to open my file. That’s roughly around 420days

 

also please note, as everyone has mentioned above, just the PaySlip is not enough. You need to provide a complete set of financial documents to win this case, because your Refusal is about FINANCIAL LOSS OF THE COMPANY. If you provide the payslip, that will cover saying you have been working, but it will not show your company’s financial status. 

Whatever the documents you have submitted during the Application Process is now way too old. So AAT will need Current situation of the company financial, to see if they can run the business and still provide a genuine position to you. AAT will not care about the past of this company, they want to see the present and future of the company.

 

act fast and get them right, you got 15days. Because AAT won’t give you a second hearing.

 

This is my opinion to fight this case and win.

Hi I’m from Perth it’s 23 mnths no news yet

[ring3018]

22 hours ago, Sercan said:

First of all thank you all for the advices and I’ve had a long conversation with our migration agents today and They’re advising to wait only!! As I haven’t asked for any documents by my agents either AAT However They’ve told me that They are already prepared for the hearing Also They will lodge or send documents mostly from the Restaurant Owner such as BAS Payslips Payrolls and a few more things so Apparently We only need to show up there for the hearing unless AAT calls and ask for more information so I will let you all know

http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/AATA/2019/304.html?context=1;query=141111 ;mask_path=au/cases/cth/AATA

This is a recent winning case with the same financial loss reason with a hearing. The profit is -8k loss and the next year 20k gain only but still manage to win the case, the restaurant only has around 400k turnover. I wish you best of luck

1 hour ago, Asses said:

Can anybody tell me ??

 Whats the best supporting documents to describe the genuine position 

 As my reason of refusal was my onwer didnt want manager 

He can handle his business himself 

(Supervisor duties)

http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/AATA/2019/944.html?context=1;query=141111 and 5.19 ;mask_path=au/cases/cth/AATA

This is a recent winning case with BOTH sister(owners)  involved in the business without a hearing. The CO refused based on the sister works within the kitchen around 60 hours per week so he thinks that she can manage the restaurant as well. There are some documents and steps that you can follow

Edited May 30, 2019 by ring3018

[Wonderingaloud]

2 hours ago, Asses said:

Can anybody tell me ??

Whats the best supporting documents to describe the genuine position 

As my reason of refusal was my onwer didnt want manager 

He can handle his business himself 

(Supervisor duties)

If the owner doesn’t want a manager and can handle the business himself why on earth did they sponsor you?

[Asses]

3 hours ago, Wonderingaloud said:

If the owner doesn’t want a manager and can handle the business himself why on earth did they sponsor 

 

I just posted my reason of nomination refusal and my CO gave  reason that business run and manage by onwer 

[ring3018]

17 hours ago, Wonderingaloud said:

If the owner doesn’t want a manager and can handle the business himself why on earth did they sponsor you?

I think he means the case officer assume that the owner doesn’t need a manager, he can manage the store by himself. Which is the same reason with 10 restaurant managers that I heard about.

[Asses]

41 minutes ago, ring3018 said:

I think he means the case officer assume that the owner doesn’t need a manager, he can manage the store by himself. Which is the same reason with 10 restaurant managers that I heard about.

Yea that's i wanna  say 

Edited May 31, 2019 by Asses

[Kavita]

Hi I m new to this forum. 

[Kavita]

Recently, my Nomination has been refused and I just applied AAT on last Friday. 

RSMS 187 DE Restaurant manager

The reson was genuine position: agent didn’t show that my employer has other ventures that’s why I work as restaurant manager in his restaurant  ( he has other business but my previous agent didn’t show ), and agent didn’t show current evidence( I asked so many times from my MA to submit my payslips but he goes it’s not required. 

Now I changed my agent and he applied AAT, he didnt provide any documents.  Is this okay or should be submit the documents which were the reason of refusal??  Because if my agent will not provide any documents then they will obviously select a hearing date for me .

correct me if m wrong as have not idea about these type of situation. 

Many Thanks 

Kavita.

 

 

 

[Kavita]

[MilaMocha]

6 minutes ago, Kavita said:

Recently, my Nomination has been refused and I just applied AAT on last Friday. 

RSMS 187 DE Restaurant manager

The reson was genuine position: agent didn’t show that my employer has other ventures that’s why I work as restaurant manager in his restaurant  ( he has other business but my previous agent didn’t show ), and agent didn’t show current evidence( I asked so many times from my MA to submit my payslips but he goes it’s not required. 

Now I changed my agent and he applied AAT, he didnt provide any documents.  Is this okay or should be submit the documents which were the reason of refusal??  Because if my agent will not provide any documents then they will obviously select a hearing date for me .

correct me if m wrong as have not idea about these type of situation. 

Many Thanks 

Kavita.

 

 

 

Don't worry, just lodging an appeal application is enough to start with. You can add documentation whenever you want after that. You can also wait for them to open the case and request supporting document before submitting.

[Asses]

2 hours ago, Kavita said:

Recently, my Nomination has been refused and I just applied AAT on last Friday. 

RSMS 187 DE Restaurant manager

The reson was genuine position: agent didn’t show that my employer has other ventures that’s why I work as restaurant manager in his restaurant  ( he has other business but my previous agent didn’t show ), and agent didn’t show current evidence( I asked so many times from my MA to submit my payslips but he goes it’s not required. 

Now I changed my agent and he applied AAT, he didnt provide any documents.  Is this okay or should be submit the documents which were the reason of refusal??  Because if my agent will not provide any documents then they will obviously select a hearing date for me .

correct me if m wrong as have not idea about these type of situation. 

Many Thanks 

Kavita.

 

 

 

Hey kavita sad to hear about ur nomination refusal 

From which state u applied ur AAT??

[ring3018]

8 hours ago, Kavita said:

Recently, my Nomination has been refused and I just applied AAT on last Friday. 

RSMS 187 DE Restaurant manager

The reson was genuine position: agent didn’t show that my employer has other ventures that’s why I work as restaurant manager in his restaurant  ( he has other business but my previous agent didn’t show ), and agent didn’t show current evidence( I asked so many times from my MA to submit my payslips but he goes it’s not required. 

Now I changed my agent and he applied AAT, he didnt provide any documents.  Is this okay or should be submit the documents which were the reason of refusal??  Because if my agent will not provide any documents then they will obviously select a hearing date for me .

correct me if m wrong as have not idea about these type of situation. 

Many Thanks 

Kavita.

 

 

 

I don't think you will hear from AAT anytime soon, you have plenty of time to prepare the documents (14-24 months processing time currently). 

It is not a requirement to show other ventures, they can refuse for any reasons, 10 of the restaurant managers I contacted with have been refused for the same reason recently, they uploaded the payslips as well but it doesn't change anything. It's like an order from the upper department required to refuse the occupation. 

What you can do now is to prepare as many documents as possible to prove that the position is genuine, AAT is different, they will ask more documents and information from you.

[John555]

187 VISA

State - WA

Position - Marketing Specialist

AAT appeal on 1June2018

 

 

[John555]

7 minutes ago, John555 said:

 

187 VISA

State - WA

Position - Marketing Specialist

AAT appeal on 1June2018

 

Still Waiting for AAT response.

Any luck for WA applicants from AAT?