Outcome
The Administrative Review Tribunal approved the employer nomination and restored the client’s pathway to permanent residency
Special Circumstances
The Department believed the nominated Contract Administrator role primarily involved driving duties rather than skilled work.
Our client’s employer nomination and Subclass 186 visa application were refused after the Department determined the nominated Contract Administrator position was not genuine. We presented detailed evidence demonstrating the role was a legitimate full-time skilled position supported by the employer’s business operations and growth. The Administrative Review Tribunal accepted our submissions, approved the nomination and restored our client’s pathway to permanent residency.
The Challenge
The Department refused both the employer nomination and visa after concluding the nominated Contract Administrator position was not a genuine full-time skilled role, believing the employee primarily performed driving duties.
Kindra's Approach
- Demonstrated that the driving duties were incidental to the Contract Administrator role.
- Submitted financial records, contracts and business growth evidence showing expansion to support the ongoing need for the role.
- Addressed concerns raised during the Department’s site visit and clarified inconsistencies with updated evidence.
- Prepared submissions demonstrating the nomination satisfied the legislative requirements.
The Outcome
The Tribunal accepted the role was genuine and full-time, approved the nomination and restored the client’s pathway to permanent residency.
Has your employer nomination or visa been refused? Kindra Migration Lawyers can assess your circumstances and advise you on your options for review or appeal.