From Refusal to Tribunal Win: How a Long-Term Worker Kept His Position

The Dream

An accounting professional had worked in Australia since 2007, building his life and career step by step. After completing his degree in accounting, he joined a retail business and became a full-time accountant in 2013. Over seven years, he supported the business with financial reporting, compliance and oversight across multiple locations. When the time came, his employer nominated him for permanent residency under the 186 visa.

The Problem

The Department refused the nomination. The issue was not his skills or experience, it was the business’s training history. The Department claimed the company had failed to meet the required training expenditure during its standard business sponsorship period. Even though the business had invested in training shortly after the deadline, the Department would not count it. The nomination was refused. His future and that of his partner who applied with him, was suddenly uncertain.

The Solution

Solve Migration took the matter to the Tribunal. We argued that the training shortfall was minor and unintentional. The business had mistakenly believed it had met the timing rules but in fact had spent more than the required amount, just weeks outside the approved window. We showed that the company was active, profitable and compliant in every other respect. The nominee had worked in the same accounting role full time for over seven years, with no breaks and remained essential to daily operations.

The Victory

The Tribunal accepted the evidence. They found it reasonable to disregard the late training dates, especially given the small gap and clear good faith of the employer. The business had supported only two nominations over 17 years and had otherwise met all obligations. The Tribunal overturned the refusal and approved the nomination.

Their Words

“Solve Migration helped us explain our side clearly. They understood where we went wrong and helped us prove it didn’t define us. We’re thankful to still be working and building our lives here.”

If you are in a similar situation, or know someone who may require professional assistance with a visa nomination, skills assessment, or Tribunal review matter, we encourage you to seek tailored advice.

You may contact Solve Migration for a confidential consultation:

Book a Consultation:
https://solvemigration.com/book-an-appointment/

Email:
ask@solvemigration.com

Our team can assess your circumstances, identify available pathways, and guide you through each stage of the process with clear and practical advice.