[Ron259]

Hi everyone,

I would like some advise on my case with AAT below are the details.

I have applied for 457 visa in 2015, nomination was refused twice, me and my employer appeal to AAT, file took two years to open, meanwhile government has changed the whole system and my occupation got caveats, one caveat requires $1million turnover for the company, so now even though every other criteria has matched but because my company is a small business and not having that much turnover AAT has refused the nomination.

After that I received letter to comment on my visa appeal filed to AAT, I replied to that is me and my family will be very devastated if not get visa etc. my understanding was, when you don’t have approved nomination your visa file rejected automatically but now I also got the hearing date from AAT stating that they can not make decision based on information with them so asking me for hearing. My question is there any significance in my case, is there any chance of getting approval, any other options do I have. Any help will be greatly appreciated.

Thanks in advance

Rohan

 

[ampk]

To be honest $1 million turn over is not very much for a company that needs offshore staff that can survive during the process time with out them.

Can you give some info on the company profile and current number of staff and your area of expertize not available in Australia?

 

[wrussell]

To lodge a valid AAT application you do not need an aproved nomination. You need an approved nomination, or a refused nomination under review.

 

[Ron259]

Hi Russell

Thanks for your reply. AAT has affirmed the decision not to approve nomination. I have lodged my visa appeal file along with my employer. Now I got the hearing for my visa file. Thanks

To lodge a valid AAT application you do not need an aproved nomination. You need an approved nomination, or a refused nomination under review.

 

[wrussell]

If your nomination has been refused by the AAT, your visa application will also be refused.

 

[Ron259]

Hi Russell

That is what my understanding was but I just got confused about why they give me a hearing date? Is it just for a fair procedure? Or is there any hopes? Thanks

If your nomination has been refused by the AAT, your visa application will also be refused.

 

[wrussell]

Hi Russell

That is what my understanding was but I just got confused about why they give me a hearing date? Is it just for a fair procedure? Or is there any hopes? Thanks

MIGRATION ACT 1958 - SECT 360

Tribunal must invite applicant to appear
(1) The Tribunal must invite the applicant to appear before the Tribunal to give evidence and present arguments relating to the issues arising in relation to the decision under review.

(2) Subsection (1) does not apply if:

(a) the Tribunal considers that it should decide the review in the applicant's favour on the basis of the material before it; or

(b) the applicant consents to the Tribunal deciding the review without the applicant appearing before it; or

(c) subsection 359C(1) or (2) applies to the applicant.

(3) If any of the paragraphs in subsection (2) of this section apply, the applicant is not entitled to appear before the Tribunal.

 

[Ron259]

Many Thanks again Russell for your time and advise

MIGRATION ACT 1958 - SECT 360

Tribunal must invite applicant to appear
(1) The Tribunal must invite the applicant to appear before the Tribunal to give evidence and present arguments relating to the issues arising in relation to the decision under review.

(2) Subsection (1) does not apply if:

(a) the Tribunal considers that it should decide the review in the applicant's favour on the basis of the material before it; or

(b) the applicant consents to the Tribunal deciding the review without the applicant appearing before it; or

(c) subsection 359C(1) or (2) applies to the applicant.

(3) If any of the paragraphs in subsection (2) of this section apply, the applicant is not entitled to appear before the Tribunal.