Tiffany N Posted June 20, 2020 Share Posted June 20, 2020 (edited) Hi everyone, I just recently got the refusal nomination from DHA. The agent will lodge the AAT for me soon. Can anyone please let me any chance for me to get the positive outcome of the AAT if the reasons to get the refusal of nomination include: - (i) whether the identified person would be paid at least the annual market salary rate for the occupation; --> this is because a salary in the range of $60,000 - $65,000pa was expected for candidates with 3 years’ experience and $70,000 to $75,000 pa for candidates with 5 years experience, but the nominated position required 3 years’ experience and offered $54,000pa which appears low in comparison. - (ii) whether there is a genuine need for the identified person to be employed in the position, under the direct control of the nominator; --> this is because the employer advertised to sale the property that DHA defined it is the core of the business, but technically, the business and the property completely different. The property included a luxury hotel, and the main activity of business based on it. (Immigration agent explained me that the concepts of property and business are different) - (iii) whether the position can be filled by an Australian citizen or an Australian permanent resident who is living in, or would move to, the local area concerned; --> the DHA commented that this is because the procedure of recruitment that lack of genuine rigour in searching the local labour market as about 20 applications received, no interviews conducted. And the employer haven't had the evidence of how I'm the best candidate to be chosen for the role. My deadline is only about 2 weeks to lodge the AAT. Please with you guys experience, can anyone please tell me if any hope for the nomination outcome to PR. Thanks so much and best of luck for everyone. Edited June 20, 2020 by Tiffany N 1 Quote Link to comment Share on other sites More sharing options...
Marisawright Posted June 20, 2020 Share Posted June 20, 2020 16 minutes ago, Tiffany N said: Hi everyone, I just recently got the refusal nomination from DHA. - (i) whether the identified person would be paid at least the annual market salary rate for the occupation; --> this is because a salary in the range of $60,000 - $65,000pa was expected ....but the nominated position required 3 years’ experience and offered $54,000pa - (ii) whether there is a genuine need for the identified person to be employed in the position, under the direct control of the nominator; --> this is because the employer advertised to sale the property...The property included a luxury hotel, and the main activity of business based on it. - (iii) whether the position can be filled by an Australian citizen or an Australian permanent resident who is living in, or would move to, the local area concerned; --> about 20 applications received, no interviews conducted. And the employer haven't had the evidence of how I'm the best candidate to be chosen for the role. So you are saying the employer is offering you a below-market salary, which they are not allowed to do. The employer is selling the hotel where the business operates. If the employer sells the hotel, will you still be employed by the employer in the same position? If not, there is not a genuine need. It's very clear that the employer didn't make a proper effort to find a local candidate, probably because they didn't want to pay the proper salary. It does not sound like a convincing case to me. 1 Quote Link to comment Share on other sites More sharing options...
Tiffany N Posted June 20, 2020 Share Posted June 20, 2020 15 minutes ago, Marisawright said: So you are saying the employer is offering you a below-market salary, which they are not allowed to do. The employer is selling the hotel where the business operates. If the employer sells the hotel, will you still be employed by the employer in the same position? If not, there is not a genuine need. It's very clear that the employer didn't make a proper effort to find a local candidate, probably because they didn't want to pay the proper salary. It does not sound like a convincing case to me. The employer agreed to lodge the AAT. The situation of Covid19, the hotel is closed, the employer just support jobkeeper for staff who are citizens and PR but I was stood down since March. At the moment, I sometimes work from home for the business but have no pay. I've been told that when the situation covid19 will be better and the business's busy then the boss will ask me to be back to work. Is that possible with my situation like this to lodge AAT. To be honest, I have no idea when the covid19 be better and when I can call back to work. Quote Link to comment Share on other sites More sharing options...
ring3018 Posted June 21, 2020 Share Posted June 21, 2020 20 hours ago, Tiffany N said: Hi everyone, I just recently got the refusal nomination from DHA. The agent will lodge the AAT for me soon. Can anyone please let me any chance for me to get the positive outcome of the AAT if the reasons to get the refusal of nomination include: - (i) whether the identified person would be paid at least the annual market salary rate for the occupation; --> this is because a salary in the range of $60,000 - $65,000pa was expected for candidates with 3 years’ experience and $70,000 to $75,000 pa for candidates with 5 years experience, but the nominated position required 3 years’ experience and offered $54,000pa which appears low in comparison. - (ii) whether there is a genuine need for the identified person to be employed in the position, under the direct control of the nominator; --> this is because the employer advertised to sale the property that DHA defined it is the core of the business, but technically, the business and the property completely different. The property included a luxury hotel, and the main activity of business based on it. (Immigration agent explained me that the concepts of property and business are different) - (iii) whether the position can be filled by an Australian citizen or an Australian permanent resident who is living in, or would move to, the local area concerned; --> the DHA commented that this is because the procedure of recruitment that lack of genuine rigour in searching the local labour market as about 20 applications received, no interviews conducted. And the employer haven't had the evidence of how I'm the best candidate to be chosen for the role. My deadline is only about 2 weeks to lodge the AAT. Please with you guys experience, can anyone please tell me if any hope for the nomination outcome to PR. Thanks so much and best of luck for everyone. Your occupation? Quote Link to comment Share on other sites More sharing options...
Tiffany N Posted June 21, 2020 Share Posted June 21, 2020 2 hours ago, ring3018 said: Your occupation? Graphic Designer .. Quote Link to comment Share on other sites More sharing options...
Caltex Posted June 24, 2020 Share Posted June 24, 2020 Hlo guys , i m a silent follower of this page , applied MRT in sep2019 as a retail manager nd today My employer received email to provide documents . 1 Quote Link to comment Share on other sites More sharing options...
Lu Ding Posted June 24, 2020 Share Posted June 24, 2020 32 minutes ago, Caltex said: Hlo guys , i m a silent follower of this page , applied MRT in sep2019 as a retail manager nd today My employer received email to provide documents . Hi, I am also applied in Sep 2019 as a retail manager but still no news. It's kind of scaring me that they open your file so fast and that means they could open my file anytime soon. but I am not ready yet. pls keep us updated and wish you all the best. The waiting is over for you Quote Link to comment Share on other sites More sharing options...
Rajat Babbar Posted June 24, 2020 Share Posted June 24, 2020 Hlo guys , i m a silent follower of this page , applied MRT in sep2019 as a retail manager nd today My employer received email to provide documents . Hello friend.. are they opening 2019 files yet ? Kindly check the year incase you have have written wrong by mistake.. This gave me goosebumps and shock also.. Kindly tell if you are onsure or offsure applicant? Quote Link to comment Share on other sites More sharing options...
Caltex Posted June 24, 2020 Share Posted June 24, 2020 8 hours ago, Lu Ding said: Hi, I am also applied in Sep 2019 as a retail manager but still no news. It's kind of scaring me that they open your file so fast and that means they could open my file anytime soon. but I am not ready yet. pls keep us updated and wish you all the best. The waiting is over for you Yes , Pray for us please nd i will update the good news soon . All the best everyond Quote Link to comment Share on other sites More sharing options...
Caltex Posted June 24, 2020 Share Posted June 24, 2020 8 hours ago, Rajat Babbar said: Hello friend.. are they opening 2019 files yet ? Kindly check the year incase you have have written wrong by mistake.. This gave me goosebumps and shock also.. Kindly tell if you are onsure or offsure applicant? Hllo Rajat g, the year is 2019 . When i got call from employer i was shocked as well , m waiting from 12 years for this moment. I am onshore applicant . I wish you good luck nd will update next ..... 1 Quote Link to comment Share on other sites More sharing options...
Vjpol Posted June 24, 2020 Share Posted June 24, 2020 9 hours ago, Caltex said: Hlo guys , i m a silent follower of this page , applied MRT in sep2019 as a retail manager nd today My employer received email to provide documents . Hi could you please tell which state ? Quote Link to comment Share on other sites More sharing options...
Caltex Posted June 24, 2020 Share Posted June 24, 2020 41 minutes ago, Vjpol said: Hi could you please tell which state ? NSW Quote Link to comment Share on other sites More sharing options...
Avygill Posted June 24, 2020 Share Posted June 24, 2020 Guys 2019 files are being picked up now ..look at this all from 19 ..so be ready and best of luck to everyone Quote Link to comment Share on other sites More sharing options...
MilaMocha Posted June 24, 2020 Share Posted June 24, 2020 49 minutes ago, Caltex said: NSW Hi Caltex That’s great news! What was the reason for refusal please? And what documentation did they request? Best of luck 1 1 Quote Link to comment Share on other sites More sharing options...
ring3018 Posted June 25, 2020 Share Posted June 25, 2020 15 hours ago, Caltex said: Hlo guys , i m a silent follower of this page , applied MRT in sep2019 as a retail manager nd today My employer received email to provide documents . Wow, i’m still waiting from April 2019, NSW as well Quote Link to comment Share on other sites More sharing options...
Caltex Posted June 25, 2020 Share Posted June 25, 2020 4 hours ago, MilaMocha said: Hi Caltex That’s great news! What was the reason for refusal please? And what documentation did they request? Best of luck Duties does not match , as u know they have stupid reasons of refusals ! In my case officer said applicant is doing supervisior duites nd Store Manager. Thank u all the best to you Quote Link to comment Share on other sites More sharing options...
Caltex Posted June 25, 2020 Share Posted June 25, 2020 Just now, Caltex said: Duties does not match , as u know they have stupid reasons of refusals ! In my case officer said applicant is doing supervisior duites nd Store Manager. Thank u all the best to you Finacial , profit nd loss , contract letter , organization chart , rcb documents ! All the documents we have provided in nomination , just update them . 1 Quote Link to comment Share on other sites More sharing options...
Caltex Posted June 25, 2020 Share Posted June 25, 2020 24 minutes ago, ring3018 said: Wow, i’m still waiting from April 2019, NSW as well You will be getting email soon , all the best Quote Link to comment Share on other sites More sharing options...
Parry Posted June 26, 2020 Share Posted June 26, 2020 19 hours ago, Caltex said: You will be getting email soon , all the best Congrats Caltex I also applied as retail manager with same reasons from NSW in February 2018 but haven’t heard anything yet Quote Link to comment Share on other sites More sharing options...
Caltex Posted June 26, 2020 Share Posted June 26, 2020 4 hours ago, Parry said: Congrats Caltex I also applied as retail manager with same reasons from NSW in February 2018 but haven’t heard anything yet Thank u so much , just waiting for positive outcome . All the best to u Parry Quote Link to comment Share on other sites More sharing options...
sukakang Posted June 26, 2020 Share Posted June 26, 2020 (edited) I can give u some suggestion because we in same situations Email sukaka013@hotnail.com Edited June 26, 2020 by sukakang Quote Link to comment Share on other sites More sharing options...
sukakang Posted June 26, 2020 Share Posted June 26, 2020 On 20/06/2020 at 23:07, Tiffany N said: Hi everyone, I just recently got the refusal nomination from DHA. The agent will lodge the AAT for me soon. Can anyone please let me any chance for me to get the positive outcome of the AAT if the reasons to get the refusal of nomination include: - (i) whether the identified person would be paid at least the annual market salary rate for the occupation; --> this is because a salary in the range of $60,000 - $65,000pa was expected for candidates with 3 years’ experience and $70,000 to $75,000 pa for candidates with 5 years experience, but the nominated position required 3 years’ experience and offered $54,000pa which appears low in comparison. - (ii) whether there is a genuine need for the identified person to be employed in the position, under the direct control of the nominator; --> this is because the employer advertised to sale the property that DHA defined it is the core of the business, but technically, the business and the property completely different. The property included a luxury hotel, and the main activity of business based on it. (Immigration agent explained me that the concepts of property and business are different) - (iii) whether the position can be filled by an Australian citizen or an Australian permanent resident who is living in, or would move to, the local area concerned; --> the DHA commented that this is because the procedure of recruitment that lack of genuine rigour in searching the local labour market as about 20 applications received, no interviews conducted. And the employer haven't had the evidence of how I'm the best candidate to be chosen for the role. My deadline is only about 2 weeks to lodge the AAT. Please with you guys experience, can anyone please tell me if any hope for the nomination outcome to PR. Thanks so much and best of luck for everyone. I can give u some suggestion because we in same situations Email sukaka013@hotnail.com Quote Link to comment Share on other sites More sharing options...
sukakang Posted June 26, 2020 Share Posted June 26, 2020 On 11/06/2020 at 09:26, Kahlon1234 said: We should make friend plz Email me sukaka013@hotnail.com Quote Link to comment Share on other sites More sharing options...
sukakang Posted June 26, 2020 Share Posted June 26, 2020 43 minutes ago, sukakang said: I can give u some suggestion because we in same situations Email sukaka013@hotnail.com Sukaka013@hotmail.com Quote Link to comment Share on other sites More sharing options...
Rajat Babbar Posted June 26, 2020 Share Posted June 26, 2020 Dear God, Pls give immigration to everyone who is reading this message. You are great god, we have full faith in you. Quote Link to comment Share on other sites More sharing options...
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