[187] employer nomination refused, who should appeal?

Discussion in 'Immigration Law Forum' started by choochoowen, 22 June 2019.

  1. choochoowen

    choochoowen Member

    22 June 2019
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    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

    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. 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.
    They interview was conducted in a very unprofessional manner according to her employer, there's no doubt.

    - 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!).
    - should she hire a lawyer?
    - 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?

  2. Mauro

    Mauro Member

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    Hi, I just wonder if your case has been solved? /i need help as well with something similar please!

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