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Discussion Starter · #1 · (Edited)
Hi,
I'm collecting information on behalf of my girlfriend who just got her visa refused (she's doing her own research as well).
Thanks in advance for any help and suggestions!

Visa she applied for: 187 (as a Cafe Manager)

Reason: employer nomination refused

Nationality: Taiwan

Facts:
the refusal reason are based on an interview the Immigration Officer had with her employer. The employer answered the questions without too much thinking because she was driving at that moment. The officer stated that the employer doesn't need a Cafe Manager!
It's all very easy to prove the Officer wrong because some of the motivations in the letter (refusal notice) are simply not true and the employer can easily debunk all of that.
The interview was conducted in a very unprofessional manner according to her employer, there's no doubt.

Questions:
- who should lodge for the review at the AAT: her or the employer?
(they are in a very good relation, and she really work as a manager, it's not a huge cafe and the employer is a bit of control freak so for example she's the one who like to do the rosters!).
- is any complain regarding the professionalism of the Immigration officer worth any time and help for her application?

Some side facts:
she applied through a migration agent, who's hard to reach and not able to answer the most basic questions (the office is not in the same town, we'll try to surprise-visit her the next days).

Sad facts:
she apply while being on a 457 visa so her current visa for nearly 2 year "Bridge C" that won't let her to leave Australia (apparently if she was going anywhere she didn't have any guarantee that she'd get a temporarty/tourist visa while waiting for the outcome of the visa application).
So if she now applies, the estimated average come for an outcome from the tribunal is 2 years (all together 4 years that she couldn't visit her home town/relatives). Any ideas, if there are circumstances that will let her visit her family?

Cheers
 

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The employer should appeal the nomination refusal and the visa applicant should appeal the visa refusal.

Don’t think it will be easy to prove the CO wrong, especially not in the case of a cafe manager. I strongly recommend the sponsor obtain some professional advice on how to deal with this.
 

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So then it would be "double" fee right? Just asking because it's almost 2 grants for one. Cheers[/QUOTE

Not necessarily.

The AAT might be inclined to hear both review applications for one fee. They have done so in similar cases.
 
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