The story of how Aspire Australia helped a company retain a valued employee, by fighting a visa rejection at the Administrative Appeals Tribunal
Their story: Edward came from Brazil and was travelling around Australia when he first began working at a company in the asbestos removal industry. He began as a labourer, earning money to continue his adventures.
But the company’s Director could see Edward had a bright future. It didn’t take long for Edward to move through the ranks. Described as an ‘exceptional bloke and worker, who is committed, honest and a hard working team player’ – Edward went from labourer, to supervisor – to the Office Manger of the companies Canberra Division.
The Director thought Edward was the perfect candidate to head up their expansion in the ACT. The company then helped him apply for the Regional Skilled Migration visa.
Despite the fact that he had been working in the role for over a year, the Department refused the visa, claiming the position was not genuine.
And so, Sarah and her team launched a review at the Administrative Appeals Tribunal.
Challenges and Solutions
The review process can be quite challenging, if you don’t understand the law.
The company was sure they had completed everything correctly and ticked all the boxes. The refusal just didn’t make sense to them.
So – they needed Sarah to outline exactly what evidence they needed to provide for the appeal.
Sarah was confident that the case would be successful. Edward and the company placed their trust in her.
Challenge One: Evidence Proving a Genuine Position
Edward had already been working in the Office Manager position as an established employee for over a year.
Sarah helped them gather the following evidence:
- Operational documents for the office
- Correspondence indicating Edward’s role
- Documents signed off by Edward
- Correspondence addressed to Edward
Challenge Two: The Administrative Appeals Tribunal Hearing
For most people, attending a tribunal or court hearing 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.
Whilst Sarah could not speak on behalf of the review applications, she attended with the clients and as appropriate interjected to direct the Tribunal to the appropriate evidence, highlighting how that evidence supported the statements made by the company – and Edward.
Sarah’s confidence shone through on the day and her support was invaluable to the clients.
A Happy Outcome
Edward is doing a sensational job managing the company’s Canberra division.
The Director believes it is Sarah’s tenacity and confidence that allowed him to keep a valuable employee.
‘She was incredibly confident in her knowledge,’ he said.
‘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.’
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.
We look forward to one day sharing your Australian visa story!