WA Section 48bar as a result of unfair dismissal

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13 November 2019
Good morning all,

I was hoping to obtain some advice on a situation i have been placed in.

I was sponsored under the RSMS 187 visa around 1.5 years ago,12 months into the wait i was advised that the nomination was refused due to the AMSR being used in the business paperwork and not the TSMIT, i was being paid above the TSMIT.

The company lodged with the AAT for the nomination and i was instructed to wait until my visa refusal came in to lodge the visa part with the AAT also, the companies agent completed all of this for us. Around 5 weeks ago i was unfairly dismissed from my role and prior to the dismissal support for the nomination appeal was withdrawn, we are still waiting for the AAT to pickup the withdrawal, and have since taken the business to the Fair Work Commission and this case is to be herd in January.

I have since found a new sponsor, however i am confused with how to apply or even if i can apply, my questions are:

1. Given the circumstances being out of my control, would i have grounds for a waiver of the S48 Bar?
2. If i was to return to my home country and apply would i be granted a bridging visa whilst my current case is pending with the AAT or would i have to wait until a decision is made on the new application to return to Australia?
3. Is it better to wait until my case with the AAT is herd and ultimately i am given a notice to leave and then leave and apply for the new visa?

I hope this makes some kind of sense, and hopfully someone can give me even little advice.

Thanks all,