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Discussion Starter · #1 ·
Hey everybody,

All this process has been a constant fight with my employer who was not very keen to put all the documents together at a fast pace. I also had to help quite a bit (except on the financial documents from employer checklist) in all the process.
Long story short, I was applying for the 189 Transition Stream visa. All documents for the employer nomination (1st step) had been submitted in June 2017 and the nomination got refused by the case officer (Nov 2017). These are the reasons:
- The company has been losing money (over 50k) in the past 4 years.
- The company has not provided a letter from accountant attesting financial position of the company, what caused that position and how it could be addressed in order to improve.
- Also, the company has not submitted any letter explaining how they can meet with all the obligations in regards to employing the nominee for at least 2 more years. That means, doubts that the company will be able to pay my salary in the next few years.

My big question is, can this be appealed by submitting all the documents that will prove paying is achievable and the financial health of the company is not as bad as the net losses show? Maybe a business plan, letter accountant, etc?
If so, does anybody know how much would that cost? Is it worth the trouble? I know it would be for me but my employer is quite reluctant to do things.

Thanks for all the help!

Kind regards,
Koldo
 

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Yes, it would be possible to appeal the refusal. Cost of application for appeal is $1,763, of which you get 50% back if you win. You would be wise have an experienced agent do your appeal for you.

Your company would have to agree to cooperate, otherwise, it would not work.
 

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Discussion Starter · #3 ·
Hi Jeremy,

Thanks for that quick info! Really appreciate your help. I will bring it up to see if my employer is on board with this but I have the feeling it is not going to happen. MA and appeal fees are too much money I reckon. Worth a try anyway..
Cheers!

Javier
 

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Discussion Starter · #4 ·
Yes, it would be possible to appeal the refusal. Cost of application for appeal is $1,763, of which you get 50% back if you win. You would be wise have an experienced agent do your appeal for you.

Your company would have to agree to cooperate, otherwise, it would not work.
Hi Jeremy, I am sorry to bother you again about this issue but I have checked the processing time of the Administrative Appeals Tribunal (AAT) and they are insanely long. For Nomination/Sponsor approval appeals the Median is 443 days and the Average is 419 days.
Is it worth trying the appeal or would it be better to submit a new 189 application that includes all the information they said did not have in order to approve it this time?
By the time the decision is made on this appeal my 457 visa would have pretty much expired...
Any suggestion?

Thank you very much J!

Regards,
Koldo
 
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