The story of how Aspire Australia helped a company retain a valued employee, by fighting a visa rejection at the Administrative Appeals Tribunal

The Back Story

Our client company operates in the trade sector and has relied heavily on international workers from the Student and Working Holiday Maker cohorts to fill labourer and other positions, positions which the company has found cannot be adequately filled by Australians.

Edward started work with the company and, being a hard worker, quickly moved up through the ranks to supervisor level. An ‘exceptional bloke and worker, who is committed, honest and a hard working team player’, the company offered Edward the role of Office Manger in their new regional office.

The Director thought Edward was the perfect candidate to head up their expansion and nominated him through the (now defunct) the Regional Skilled Migration Scheme.

The RSMS offered a pathway to permanent residence to nominees who did not need to have any minimum work experience. It was therefore used by many employers to obtain permanent workers easily and gave the worker the advantage of permanent residence. 

Evidence of the company’s operations in the regional location, value of the position, financial capacity and nominee’s skills, were all provided to the Department of Home Affairs. With the RSMS in its dying days, the Department chose to refuse the nomination,  claiming the position was not genuine.

The company  knew that it had completed everything correctly and ticked all the boxes. The refusal just didn’t make sense to them.

The company was advised by Aspire Australia’s Migration SuperHero, Sarah, that the nomination met all the requirements and that the company should lodge a review to the Administrative Appeals Tribunal. Sarah was confident that the case would be successful and the company trusted Sarah’s judgement. 

The Review

With confidence in Sarah’s advice, the company took the Department’s decision to review. 

With a very long wait time until hearing, Sarah used this time to further enhance the company’s claims to the position being genuine.

Sarah helped the company gather evidence including operational documents and a suite of documents showing how the Office Manager was doing his job. 

The matter was eventually called for hearing.

For most people, attending a Tribunal or Court is daunting.

Sarah ensured that both the company and the nominee were ready by having a detailed preparation session, review of the documentation and discussion of the strategic approach. She provided updated evidence well in time before the hearing so that the Tribunal Member had the opportunity to consider it before hearing day. 

Whilst Sarah could not speak on behalf of the review applications, she attended the review hearing with the company and nominee and, as appropriate, interjected to direct the Tribunal to the appropriate evidence, highlighting how that evidence supported the claims made by the company that it satisfied the legislative criteria.

Sarah’s confidence shone through on the day and her support was invaluable to the clients.

A Happy Outcome

The nominee has had his visa granted and is doing a sensational job managing the company’s regional office where business is booming.

The Director of the company believes it was due to Sarah’s tenacity and confidence that allowed him to keep a valuable employee: ‘She was incredibly confident in her knowledge.’

‘Her skill in preparing for the review was incredible – the evidence and data she prepared was crucial, but her presence on the day at the hearing sealed the deal.’ he said.

The company says Sarah and her team have proven their effectiveness time and time again. 

The results speak for themselves – the company has now sponsored four employees over 10 years, thanks to help from Aspire Australia.

Let Us Guide Your Migration Journey

We are to help companies grow – and make dreams come true.

We are proud to have helped many companies sponsor valuable employees. With 30 years of experience and 99% success rate, we are confident in our knowledge and advice. If we deem your case to be fair and lawful, we will fight to get you an approval.

Everyone’s story is different and each situation demands a unique strategy. To obtain your very own step by step MAP: Migration Action Plan, we invite you to book an appointment with our Migration SuperHero, Sarah Gillis.

Contact the Aspire Australia team and take the first step in your journey.