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Refuse, refuse, refuse: 457 nominations and visas refused
DIBP are refusing 457 SBS, nominations and 457s for any reason
The Department of Immigration and Border Protection (DIBP) are doing their utmost best to refuse any component of the 457 application process, but most of all, 457 nominations.
Example of a large supermarket refusal
A large supermarket with more than 20 staff in a regional area is trying to sponsor a marketing specialist. The DIBP have refused the application on the basis that the salary offered is too low, at $55,000. However the market salary rates show $50K-$60K and TSMIT is $53,000. And yet the DIBP are still saying that $55,000 is too low and have refused the application without giving a chance for the sponsor to increase the salary. The sponsor is more than happy to increase the salary to whatever the DIBP want it to be as they need the person badly. See the end of this article for the interesting salary offered to ACS ICT case assessors in Sydney city. Proceed to roll your eyes.
Refusal on 'Genuineness' Criteria
Now let's look at the 'genuineness' criteria. The DIBP have for a while 'deemed' that a position is not necessary for the operation of a business and is hence, not a genuine position. Don't you just love the word 'deem' in the context of a case officer and their decisions?
Take the example case of Mr S. Mr S is a man who has given up a career in his home country and moved to Australia on a 457 visa in around 2009. Mr S qualified for permanent residency (PR) to Australia but the business Mr S was sponsored by was taken over by another company with a different ABN. The PR application could therefore not be lodged. Mr S originally started on his 457 as a project and programme administrator, but now to obtain a new 457 visa for the same job at the second company, he needs to undergo a skills assessment for the position of project and programme administrator (the position he currently holds and has held since 2009). Mr S holds a bachelors degree in nursing from Indonesia.
Refusal due to PAMS conflicting with ANZSCO
On closer inspection, there is a discrepancy between the skills assessment requirement (qualification plus work experience) and ANZSCO requirement. ANZSCO states that only work experience is required, and not necessarily a qualification.
In the case of Mr S, the DIBP case officer inflexibly applied PAMS. Whoever created this rule in PAMs is probably referred to as the 'PAM GOD' within the DIBP, such is the size of the brick wall for applicants and their sponsors. Registered Migration Agents are getting to the point where they just tell clients that applying is like gambling and say, 'do you want to go ahead or not?'
Refusal based on 'Training Receipts'
In relation to the Standard Business Sponsorship (SBS) it is interesting that refusals are coming through saying there is no evidence that the training receipt provided has been used to train Australians, even though the company structure chart shows that all employees are Australian citizens. This was previously not happening.
Refusal because a 'Small Business'
It seems that DIBP are prone to refusing small businesses. The DIBP case officers automatically assume that the small business owner should do the job themselves and do not need the employee or any managerial position. Typical refusals for small businesses are in the occupations of Customer Service Manager, Facilities Manager, Retail Buyer and other Managerial positions. DIBP case officers, with all their business management experience in the real world (cough) assume that the business owners can carry out these functions on their own, and hence refuse the applications.
Think about the feeling of a small business owner if they are forced to do the work themselves instead of expanding the business do do other upper-level development on their business. All because a DIBP case officer says they should be able to. Case officers are now deciding for small business owners who and what they need to run their businesses, stifling business owners and preventing optimum growth.
Refusals since the DIBP's name change to 'Border Force'
Agents are reporting that since the DIBP changed it's name to Border Force, their refusal rates are up as high as 80%. Migration Agents, do not lose heart. There is now a pattern of refusals that cannot be ignored. This blog post serves as a line in the sand and trumpet sound that something is going on in there. The legislation remains the same but the way the DIBP handle and decide assessments is at a completely different level now.
Refusals because of a disjointed assessment process
The process is now disjointed and haphazard within the DIBP.
First, 457 applications now go through initial division will have one case officer look at it and send a request for further information whenever they are not satisfied. The requested documents and extra information are then attached online by the RMA.
The application then moves back to the queue and is then allocated to a different case officer who will then make a decision on the information in front of them. The trend now is that the second case officer makes the decision without asking for any additional information.
The following is a typical example of the disjointed assessment process:
The first case officer asks for extra documents A C and F.
The second case officer refuses the application because B, D and E do not satisfy them.
The fact that the first case officer did not ask for B, D and E along with their request for A, C and F deprives the sponsor / applicant of the opportunity to provide what is actually needed. The second case officer requests nothing and therefore deprives the sponsor / applicant of chance to have their application/s fairly assessed.
I call this 'case officers working in silos'.
DIBP case officers refusing cases like street rangers fine cars
DIBP are now acting like street rangers who must book and fine a target number of cars per day. The more you fine the more rewarded you are.
The greater scrutiny of 457 visa applications is leading to a fall in grants. Red tape has gone mad, with 457 applications even voided because of typos and spelling errors.
DIBP decisions are hypocritical
It is interesting to note that a full time 'Case Assessor - ICT skills assessment' position at the Australian Computer Society in Sydney city (non-regional) is being advertised on SEEK.com at $45,000. If that is not a kick in the teeth then what is? I rest my case.
My crystal ball prediction
If this continues, people desperate to stay will have no other option but to become unlawful because it is all too hard. Either that or other subclasses of visa will be rorted so that they can stay in Australia. No wonder 62,000 foreigners are now living in Australia without any visas.
DIBP....... QIN WO PI GU!
Comments
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Tuesday, 18 October 2016if my SBS and Nomination is approved its mean my visa will be approve ? or still get chance for rejection ?
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Tuesday, 15 November 2016
Hi Hassan,
If SBS n nomination approved, 457 still get chance to reject, however, if you meet the basic 457 requirement, there is no much risk to be rejected -
Monday, 21 November 2016
Good Day everyone
I need advise, please if somebody knows;
I am in situation that I have applied for 457 and refused visa.
Now waiting for MRT. My employer also got refused the new Nomination and also waiting MRT.
Now there is a new company who want to employ me and sponsor me.
Can I change my company and get sponsored by new employer if waiting for MRT
regarding previous refusal?
If YES, then, Do I need to travel ofshore and apply for ne visa? By the way I hold EU citizenship. -
Wednesday, 14 December 2016
I have got.nomination as a chef. now confuesd about the 457 visa as I am waiting more than 4 weeks and immigration do not ask for any further documents.
could anyone clarify me.is.that possible after nomination immigration can refuse the case?? -
Friday, 16 December 2016
Yes it is very possible that your 457 visa is refused even your nomination is approved. Please be aware that the nomination focused on the sponsor while 457 visa application is focusing on the applicants. This two parts are connected but assessed by different criteria.
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Monday, 09 January 2017
DEAR PENG,
I WORKED UNDER 457 VISA 2 YEARS AS CUSTOMER SERVICE MANAGER . I STARTED WORKING FROM 9 SEPTEMBER 2014 TO 16 OCTOBER 2016(I HAD 5 WEEKS UNPAID HOLIDAY LEAVE ) FOR ABC SERVICES WHICH WAS SOLE TRADE BUSINESS NAME ("ABC SERVICES"S ABN STILL ACTIVE FOR FEW DUE ACCOUNT RECEIVABLES)
BUT FROM 1 OCTOBER 2016 MY EMPLOYER HAS CHANGED THE BUSINESS STRUCTURE TO “ABC SERVICES PTY LTD” WHERE SAME OWNER, SAME ADDRESS, SAME JOB, SAME WORKING PLACE, SAME DUTIES, SAME CLIENTS. HERE ONLY ONE CHANGE THAT BUSINESS ENTITY HAS RESTRUCTURED.
ON 29 DECEMBER 2016 , MY EMPLOYERS HAS LOGGED 186 NOMINATION UNDER TRT STREEM FOR NEW ENTITY BUSINESS ABC SERVICES PTY LTD AS SAME POSITION CUSTOMER SERVICE MANAGER.
DURING APPLING 186 NOMINATION ,MY EMPLOYER DID A MISTAKE WHERE HE METIONED THAT MY EMPLOYERS STARTED NEW ENTITY BUSINESS ABC SERVICES PTY LTD ON SEPTEMBER 2016 .IF I WORKED TILL SEPTEMBER I DID NOT FILL 2 YEARS FULL TIME REQUIREMENTS (I HAD 5 WEEKS UNPAID HOLIDAY LEAVE).BUT I WORK TILL 16 OCTOBER 2016 FOR HIS PREVIOUS BUSINESS ENTITY ABC SERVICES (WHERE I HAD 457 VISA) AND ITS ABN STILL ACTIVE FOR FEW DUE ACCOUNT RECIVIEABLES.
NOW MY QUESTION IS FOR THAT MISTAKE ,WILL MY 186 NOMINATION FOR NEW ENTITY BUSINESS ABC SERVICES PTY LTD REJECTED??.IF MY 186 NOMINATION Is REJECTED CAN MY EMPLOYER REAPPLY AGAIN FOR NEW 186 NOMINATION? ? OR I NEED TO WAIT FEW MONTHS TO APPLY 186 NOMINATION??
PLEASE LET ME INFORMED .
THANKS
KINDLY REGARDS
HOSSAIN -
Saturday, 21 January 2017
Hi Peng
I am currently working as a Quality Manager for a large beef processing plant with a 457 visa and a UK citizen been employed by my co. since Sept 14. My employer entered an ENS application in Sept 16, 10 weeks later they were told to remove and re apply as they had put it in 8 hours earlier than my 2 years. This was done now another 10 weeks later i have been refused due to the administrator at our company putting incorrect start dates and DIBP refused due to these errors. On Monday i am seeing (through my co.) a migration agent, am i right to believe that this can be corrected once all the dates are married up and then re apply or do i have to go through the lengthy MRT process? We have been playing the waiting game to get our PR so we can proceed with setting up a home and having some peace of mind that we are PRs of Australia. My credentials etc. are valid and sufficient to my role and my employer meets the % of training requirement, i am just extremely worried about this situation, finding out on a friday afternoon to fret all weekend is not pleasant as you could imagine. Would appreciate a little advice if possible that may provide some relief until Monday afternoon please. Thanks Janis -
Monday, 23 January 2017
Hi guys. I got my 457 visa refused with some silly reasons. I have applied my 457 on cert 3 and 4 through RPL with at least 2 and half years of experiance in australia. According to CO im holding one confirmation of inrolment in my buisness degree. How can i get another COE for RPL. But the silly thing is RPL is a additional qualification for thus i dont need any COE. Hereis the refusal.
The applicant provided evidence of a Certificate III in Commercial Cookery and Certificate IV in Commercial Cookery issued by All Australian Training on 4 April 2014 and 12 April 2016 respectively. These documents indicate that the majority of the practical units were completed through Recognised Prior Learning, and that the education provider is located in New South Wales. Departmental systems indicate that the applicant has been issued Confirmation of Enrolments for courses delivered in Victoria while on his Student visa. Although policy does not specify that an applicant must have attended a course in person while in Australia, the lack of further qualifications related to the nominated occupation and departmental systems indicating that the applicant has been studying in a different field of study since entering Australia has led me to attribute limited weight to the Certificate III and IV in Commercial Cookery. -
Tuesday, 31 January 2017
Hi,
I applied 457 visa in May 2016 but they asked me many time different different documents so my company every time gave require documents so in September 2016 they refused Company Nomination than again Company applied in Oct 2016 so again Immigration Department asked more documents so company submitted in 5th December 2016 after that we did not hear from Immigration Department till now so please can you help me. Is there any chance for get 457 Visa or more chance for refusal and how long will take more to finalized this case. -
Sunday, 19 March 2017
Hi Mohsin,
Can I ask you a question?
I have received a Nomination refusal and the letter says I have 21 days to appeal.
I am being Bridging Visa A
The lawyer said that he will re-apply nomination, instead of appeal
When is the due date for me to apply new nomination ? Because the lawyer did not say, but it will be long and over 21 days, then I could not appeal and bridging visa is not valid
I came to another lawyer, they said I have to appeal first and re-apply nomination later
Please let me know your status when your nomination is refused ? Are you in Bridging Visa or you have a another substantive visa already ?
I am so confused. Tks Mohsin -
Sunday, 19 March 2017
Hi, Helen,
You have 28 days to re-apply your Nomination . for example your Nomination refused on 15/03/2017 so you have re-submit time till 12/04/2017 . I must say re-apply Nomination but its less chance to approval nomination because once refused so they ask too many documents at the end they don't satisfy and will refuse. if you refuse again than must go review ... wait and watch ..... because as you know now a days very hard to get any kind of visa . Good luck for you. If you don't mind so could you tell me who is your solicitor and where does his/her office location, I mean address and send me your mobile no. we can discuss .
Best Regard
Mohsin. -
Monday, 20 March 2017
Mohsin
Are you in bridging visa A at that time? Or you stay with another visa?
I do not have any visa
Can new nomination be linked with my application?
Tks Mohsin -
Thursday, 16 March 2017
The Nomination requestr Genuine Position report now, the same nominatin has been refused last year, we re=applied this FEB, and now request explain genuine position, employer turnover is over 3 millions each year and really need this position, Is anyone can help to write this report and make the nominatin successful with payment, or you can refer some professionals
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Friday, 21 April 2017
Yesterday on national TV the MIA president said the changes to 457 are just re branding and don't mean much. Her advice was "just breathe and stay calm".
How absurd and how misinformed she is about the real impact of the recent changes.
Rebranding? I don't think so MIA.
1. the 457 visa are being abolished
2. existing 457 visa holders and those that have applications pending that do not have an occupation on the MLTSSL list (the main list) will have no where to go.
3. Cooks, Customers service managers, bakers, pastry cooks, gardeners, landscape gardners, hairdressers, etc etc etc are all gone because they will all need 2 years work experience even just to apply for the 2 year temporary visa when they finish their studies.
4. even if they do have 2 years work experience to apply for the short term 2 year visa, they will soon be required to have 6666 in IELTS or PTE.
5. From March 2018 all direct and indirect ENS 186 visa options will also disappear unless you have an occupation on the main list.
6. Existing 457 visa holders that are working in their occupation which is not on the main list cannot apply for the ENS 186 visa form march 2018. Their will be no PR option for them at all.
6. Applicants that have been stalled at the MRT and AAT waiting years for their appeals to be heard will all have their cases refused because they do not meet the new tests and requirements that have been introduced whilst they have been waiting. They will all be caught by the new rules. I was in the AAT on 20 April in the morning after the changes were announced the night before. the first thing the tribunal member asked me about the case was whether my hairdresser client had 2 years work experience as this is a new requirement for the nomination to be approved. Luckily she did but if she didn't her case would have been dismissed immediately and she would have no other option but to leave Australia.
And the MIA president says its all just rebranding? Is she serious. i would hope that she makes a public statement soon to correct what she said yesterday and say that she has now carefully looked at the changes and they are catastrophic for many people and most employers in Australia and were politically motivated.
Just 95,000 457 visa holders in a country with a population of over 20 million people and the government is concerned about Australians losing jobs. Serioulsy? -
Tuesday, 09 May 2017
Hi
if your visa is going to be refused will it happen quickly or can it take months and then they just refuse you? I have a typo on my application for my residential address and I am worried about that 
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Saturday, 03 June 2017
Applying for 457 visa through a reputable immigration agent and have submitted all requirements it has been 2 weeks since my application has been lodge . Does this mean that every thing is ok? And will dibp call previous employers for a 457 application? Thanks all!!
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Saturday, 24 June 2017
Hi
Can I ask, can a nomination 457 be approved but visa be refused? -
Monday, 26 June 2017
Nomination approved also means visa approved most likely?
Immigration blog
Hi everyone
Can I get help, how long must wait until tribunal?
thanks.