Davinder's Employer Sponsored Success Story
About the Applicant:
When Davinder came to me, he had been in Australia on temporary and bridging visas for more than 10 years. He was also very apprehensive about his pending visa refusal case at the Administrative Appeals Tribunal (AAT). AAT is an independent review body that can review some, but not all, decisions about visas made under the Migration Act.
Davinder had applied for a permanent employer-sponsored visa as a Customer Service Manager. The Company that had nominated him for the visa was in food production and catered to the region of South-East Queensland.
The Visa Context:
The Subclass 186 nomination was refused and subsequently, Davinder’s Subclass 186 visa was refused too. The reason for the refusal was that the Company did not fulfil its training obligations. He was highly stressed as he had paid thousands of dollars on his PR application and it was refused. Moreover, he had seen a lawyer in this regard and the lawyer’s answers were not reassuring. Davinder had been living in Australia for 10 years and Australia was his home. He could not think of moving back to his home country and starting all over again. He was very good at his job and his employer also dependent on him for all important decisions in the Company, especially related to Customer service and relations.
I explained to both Davinder and his employer that at the AAT hearing, they will need to provide evidence that they fulfil all eligibility criteria for both nomination and visa application.
I broke down the law and explained in simple terms – the legal basis for nomination and visa approval.
They then collated all documents and sent them to me promptly. I also had another meeting with them to prepare them for member’s questions during the hearing.
Importantly, for the training obligation, I found that they had a full-time Manager whose 50% of the tasks were related to training new and old staff on processes and food handling. Their previous Migration Agent had overlooked such an important detail.
We presented all evidence and documents to the AAT member. I presented my arguments in a succinct submission that the member accepted. the hearing went well and the member seemed satisfied with the evidence and answers.
Successful Visa Outcome:
We won the AAT case and Davinder’s nomination and PR visa were granted shortly afterward.
Davinder still lives with the same family that he has lived with for the last 10 years and he is planning to start a new business.
