AAT Won for 187

[virajhu]

22 hours ago, Jugraj said:

Virajhu from which state u have applied and in which occupation, plz can u tell what documents does aat requested, so that I can prepare

Mine is QLD, ICT Engineer, they will request the generic documents plus the documents pertaining to the reason of refusals. Below are the generic points they request information about.

1. Information about the identity of any person authorised to speak and make
decisions on behalf of the applicant;
 If the applicant is a company or registered business, an ASIC company or
business name extract (http://asic.gov.au/).
2. If the applicant is a company or registered business, current and historical
information about its owners or office holders’ registration details;
 An ASIC current and historical extract (http://asic.gov.au/).
3. Information about the applicant directly operating an active and lawful business in
Australia, including its financial circumstances;
 The applicant’s lodged tax returns for the last two full financial years,
business activity statements that have been lodged with the ATO for the
last 24 months and financial statements prepared in accordance with
Australian accounting standards, including profit and loss statements and
balance sheets, for the most recent two financial years.

4. Information about the applicant’s current organisational structure and where the
nominated position sits in relation to that structure;
 An organisational structure chart that includes all of the applicant’s
current and proposed employees, their position title/duties and their
immigration status (i.e. Australian citizen, permanent resident or temporary
visa holder).
5. Information about the roles and duties of the nominated position and how they
correspond to the nominated occupation’s position description in ANZSCO;
 Job descriptions, work samples, emails, correspondence and other
examples of the daily tasks performed in the nominated position, and also
the nominated occupation’s position description in ANZSCO (go to
http://www.abs.gov.au/ausstats/abs@.nsf/mf/1220.0 and type the nominated
occupation’s 6 digit ANZSCO code number into the ‘Search’ function).
6. Information about the terms and conditions of employment in the nominated
position, including whether they are more or less favourable than those provided
for an Australian citizen or permanent residence performing equivalent work in the
same workplace at the same location, and whether the nominee will be employed
on a full time basis for at least 2 years with terms and conditions not expressly
excluding the possibility of extension;
 A current employment contract in respect of the nominee or letter of
engagement that complies with relevant awards for the nominated position
(if any).
7. If the nominated position is not located in regional Australia and the applicant has
paid the non-regional position application fee, information about:
a.the need to employ the nominee in the nominated position; AND
b.the applicant’s business operating for at least 12 months and its recent training
expenditure; OR
c. the applicant’s business operating for less than 12 months and its plan for future
training expenditure
 Invoices or contracts for employee training, a training program that
includes a course outline, attendance and identifies increased work
competencies, or records of investment in certain industry training funds
or recognised industry bodies
8. If the nominated position is located in regional Australia, information about:
a.the need to employ the nominee in the nominated position and why the position
cannot be filled by an Australian citizen or permanent resident living in the
same local area; and

b.whether a specified Regional Certifying Body located in the same State or
Territory as the nominated position has provided advice that:
i. the terms and conditions of employment are no less favourable than those
provided to Australian citizens or permanent residents performing
equivalent work in the same workplace; and
ii. there is a genuine need to employ the nominated person as a paid
employee to work in the nominated position under the applicant’s direct
control; and
iii. the position cannot be filled by an Australian citizen or permanent resident
living in the same area.
 Local job advertisements for the nominated position that were not
successfully filled, and the Regional Certifying Body’s certificate issued to
the applicant in respect of this position.
9. Information about whether the applicant has been subject to monitoring by the
Department and, if relevant, the outcome of the monitoring audit;
10. Information about whether the applicant has been the subject of any investigation
about a possible contravention of the law.

[Jugraj]

47 minutes ago, virajhu said:

Mine is QLD, ICT Engineer, they will request the generic documents plus the documents pertaining to the reason of refusals. Below are the generic points they request information about.

1. Information about the identity of any person authorised to speak and make
decisions on behalf of the applicant;
 If the applicant is a company or registered business, an ASIC company or
business name extract (http://asic.gov.au/).
2. If the applicant is a company or registered business, current and historical
information about its owners or office holders’ registration details;
 An ASIC current and historical extract (http://asic.gov.au/).
3. Information about the applicant directly operating an active and lawful business in
Australia, including its financial circumstances;
 The applicant’s lodged tax returns for the last two full financial years,
business activity statements that have been lodged with the ATO for the
last 24 months and financial statements prepared in accordance with
Australian accounting standards, including profit and loss statements and
balance sheets, for the most recent two financial years.

4. Information about the applicant’s current organisational structure and where the
nominated position sits in relation to that structure;
 An organisational structure chart that includes all of the applicant’s
current and proposed employees, their position title/duties and their
immigration status (i.e. Australian citizen, permanent resident or temporary
visa holder).
5. Information about the roles and duties of the nominated position and how they
correspond to the nominated occupation’s position description in ANZSCO;
 Job descriptions, work samples, emails, correspondence and other
examples of the daily tasks performed in the nominated position, and also
the nominated occupation’s position description in ANZSCO (go to
http://www.abs.gov.au/ausstats/abs@.nsf/mf/1220.0 and type the nominated
occupation’s 6 digit ANZSCO code number into the ‘Search’ function).
6. Information about the terms and conditions of employment in the nominated
position, including whether they are more or less favourable than those provided
for an Australian citizen or permanent residence performing equivalent work in the
same workplace at the same location, and whether the nominee will be employed
on a full time basis for at least 2 years with terms and conditions not expressly
excluding the possibility of extension;
 A current employment contract in respect of the nominee or letter of
engagement that complies with relevant awards for the nominated position
(if any).
7. If the nominated position is not located in regional Australia and the applicant has
paid the non-regional position application fee, information about:
a.the need to employ the nominee in the nominated position; AND
b.the applicant’s business operating for at least 12 months and its recent training
expenditure; OR
c. the applicant’s business operating for less than 12 months and its plan for future
training expenditure
 Invoices or contracts for employee training, a training program that
includes a course outline, attendance and identifies increased work
competencies, or records of investment in certain industry training funds
or recognised industry bodies
8. If the nominated position is located in regional Australia, information about:
a.the need to employ the nominee in the nominated position and why the position
cannot be filled by an Australian citizen or permanent resident living in the
same local area; and

b.whether a specified Regional Certifying Body located in the same State or
Territory as the nominated position has provided advice that:
i. the terms and conditions of employment are no less favourable than those
provided to Australian citizens or permanent residents performing
equivalent work in the same workplace; and
ii. there is a genuine need to employ the nominated person as a paid
employee to work in the nominated position under the applicant’s direct
control; and
iii. the position cannot be filled by an Australian citizen or permanent resident
living in the same area.
 Local job advertisements for the nominated position that were not
successfully filled, and the Regional Certifying Body’s certificate issued to
the applicant in respect of this position.
9. Information about whether the applicant has been subject to monitoring by the
Department and, if relevant, the outcome of the monitoring audit;
10. Information about whether the applicant has been the subject of any investigation
about a possible contravention of the law.

What was refusal reason virajhu, and what’s the point 9 and 10 means?

[virajhu]

On 02/07/2021 at 14:29, Jugraj said:

What was refusal reason virajhu, and what’s the point 9 and 10 means?

The agent missed to update the financials and IMMI refused without requesting any document. As I said all the above are generic questions sent to everyone, the last ones are if the IMMI did any auditing of the business, and the 10th is also similar to that if the business has any adverse information.

[Tinda]

7 minutes ago, virajhu said:

The agent missed to update the financials and IMMI refused without requesting any document. As I said all the above are generic questions sent to everyone, the last ones are if the IMMI did any auditing of the business, and the 10th is also similar to that if the business has any adverse information.

Hi Virajhu

when AAT sent you invitation for hearing, did they request anymore documents to submit before hearing ?

[S2020]

That is so pathetic of RMA, doing these mistakes virajhu. Feels like they dont care and we have to suffer due to them. The decision in my case  came in  only 1 week and I also feel like  RMA did something wrong. I have decided to change my RMA now, and get strong RMA who have experience in dealing with those cases.

[virajhu]

On 06/07/2021 at 09:29, Tinda said:

Hi Virajhu

when AAT sent you invitation for hearing, did they request anymore documents to submit before hearing ?

Nope

[Sanpreet]

Hi my case is different. I applied as a cook and my visa refused on july 2018. The restaurant which sponsored me stop operating before 6months started covid because my owner wants to change location for restaurant.As soon as they find good location Covid 19 started and my owner cant take risk to open business. My owner is still  looking for venue but not decided at .

The problem is my aat file open now and they are calling for hearing on july 27. Is anyone on similaar situation please let me know.

[Sanpreet]

3 hours ago, Sanpreet said:

Hi my case is different. I applied as a cook and my visa refused on july 2018. The restaurant which sponsored me stop operating before 6months started covid because my owner wants to change location for restaurant.As soon as they find good location Covid 19 started and my owner cant take risk to open business. My owner is still  looking for venue but not decided at .

The problem is my aat file open now and they are calling for hearing on july 27. Is anyone on similaar situation please let me know.

 

[sukhwinder singh bhangu]

36 minutes ago, Sanpreet said:

 

I think u have to get advice from u r lawer ?

[Jugraj]

21 hours ago, Sanpreet said:

 

Sanpreet, your file opened after exactly 36 months, straightway hearing, get advice from your lawyer asap 

[187visa refusal]

RETAIL MANAGER 

QLD

WAITING FROM LAST 30 MONTH 

 

ANY IDEA WHEN AAT PICK UP MY FILE 

 

ANY ONE HERE RETAIL MANAGER WHO HAVE GOT POSSITIVE RESULT FROM AAT

[cnc9354]

My answers are not really helping, but mu lawyer said that QLD is not favorable for retail manager Refusal case…

I am also waiting for it too, and worried about it honestly.

 

I would like to ask if anybody who got retail manager refusal in QLD got positive result from AAT..

 

I hope you win, good luck

[187visa refusal]

ok so what is next plan because i been working in same store from last 4 year and store and now i have more than 3 year experience as as retail manager 

Edited July 10, 2021 by 187visa refusal

[virajhu]

On 10/07/2021 at 15:17, 187visa refusal said:

ok so what is next plan because i been working in same store from last 4 year and store and now i have more than 3 year experience as as retail manager 

It depends on the reason of refusal. As per best of my knowledge, if the IMMI has that position in their list when you applied for the position, and you can defend the reason of refusal with solid evidence and still work with your employer, no need to worry, I am 99.99% confident you will win the case.

[S2020]

Hi All,

need some genuine suggestion as I am  in a very difficult position at the moment.

when the decision of my employer nomination came through they didn’t share that reason with me they keep saying the allegation they have said is wrong and we will keep supporting  you.
Has any of your reason been company on loss, can’t pay the candidate, BAS  condition and  problem in Tax return lodgement. I have now changed my RMA, and have been advised that there is 99.9 chance that  we will loose in AAT.  I am  stuck now :(. 

[187visa refusal]

On 12/07/2021 at 11:02, virajhu said:

It depends on the reason of refusal. As per best of my knowledge, if the IMMI has that position in their list when you applied for the position, and you can defend the reason of refusal with solid evidence and still work with your employer, no need to worry, I am 99.99% confident you will win the case.

Hi viraju the reason was given by department is bussness cant afford me to pay next 2 year but after that i been working almost 3 year and still they paying me fulltime

[virajhu]

1 hour ago, 187visa refusal said:

Hi viraju the reason was given by department is bussness cant afford me to pay next 2 year but after that i been working almost 3 year and still they paying me fulltime

It's a minor error, if you working for your employer for the last 3 years, and your company can provide solid financials and BAS, I bet you will win 100%

[virajhu]

22 hours ago, S2020 said:

Hi All,

need some genuine suggestion as I am  in a very difficult position at the moment.

when the decision of my employer nomination came through they didn’t share that reason with me they keep saying the allegation they have said is wrong and we will keep supporting  you.
Has any of your reason been company on loss, can’t pay the candidate, BAS  condition and  problem in Tax return lodgement. I have now changed my RMA, and have been advised that there is 99.9 chance that  we will loose in AAT.  I am  stuck now :(. 

Your info provided is not enough to assist, many organisations show a loss because of depreciation of their assets but that does not mean that the business should not employ people. if they following all the rules and regulations, the tax amount is just a debt like all we have debts, and that has to be paid eventually. if your employers business is growing you can provide the evidence, I do not think there should be any problem.

[187visa refusal]

On 12/07/2021 at 11:02, virajhu said:

It depends on the reason of refusal. As per best of my knowledge, if the IMMI has that position in their list when you applied for the position, and you can defend the reason of refusal with solid evidence and still work with your employer, no need to worry, I am 99.99% confident you will win the case.

 

3 hours ago, virajhu said:

It's a minor error, if you working for your employer for the last 3 years, and your company can provide solid financials and BAS, I bet you will win 100%

Thanks mate i been working from last 30 month 

[sukhwinder singh bhangu]

Hi everyone i just let you know we won the case yesterday, we got positive result so far.

please let us know how long take the get PR after won the case.

Kind Regards,

[ring3018]

1 hour ago, sukhwinder singh bhangu said:

Hi everyone i just let you know we won the case yesterday, we got positive result so far.

please let us know how long take the get PR after won the case.

Kind Regards,

Congratsss, no hearings? How long did u wait

[sukhwinder singh bhangu]

Hi after 3 years. AAT asked some documents in feb 2021 then we got decision yesterday from AAT without hearing.

[MilaMocha]

24 minutes ago, sukhwinder singh bhangu said:

Hi after 3 years. AAT asked some documents in feb 2021 then we got decision yesterday from AAT without hearing.

What position?

And what was the reason for refusal?

[virajhu]

15 hours ago, sukhwinder singh bhangu said:

Hi everyone i just let you know we won the case yesterday, we got positive result so far.

please let us know how long take the get PR after won the case.

Kind Regards,

Congrats Sukhwinder

[gladek]

Hi Brothers and Sisters,

Just want to share our good news for today,

we just won the appeal today.

-Restaurant Manager (Reason of refusal “Not Genuine Position” Qld)

-October 2017 Visa Applied

-Appeal filed 18 Aug. 2018 

-File opened January 2021 additional documents were requested

-24 Feb 2021 Hearing

- March 2021 requested more documents

-16 July 2021 Appeal won

Thank’s everyone