457/482 Employer Nomination AAT Appeal Won After Three-Year Battle Over Position Genuineness

Visa TypeEmployer Sponsored

CategoryEmployer Sponsored

Case Summary

Mr. G's both employer nomination and 457 (now 482) visa were refused on position genuineness and business necessity grounds. After a three-year AAT review process with continuous supplementary evidence submissions, the appeal was ultimately successful.

Background

Mr. G had both his employer nomination and 457 employer-sponsored visa application refused by the Department, with the Department questioning the genuineness and necessity of the nominated position. The case involved a three-year AAT review process with multiple serious challenges during this period, requiring sustained engagement and multiple rounds of supplementary evidence.

Challenges

Position genuineness challenge: the Department disputed whether the nominated role was a real, necessary business position
Three-year review timeline requiring consistent strategic engagement and multiple supplementary evidence submissions across the years
Business necessity needed to be demonstrated convincingly across business operational needs, market environment, and position specificity

How We Helped

We carefully analysed the refusal reasons and identified that the dispute focused on position genuineness and business necessity. We developed a multi-layered argument strategy comprehensively demonstrating the genuineness of the nominated position from business operational, market environment, and position specificity perspectives. We prepared substantial evidence including company financial reports, operational status proof, market talent demand analysis, position necessity justification statements, business development plans, and records of local employee recruitment efforts. Throughout the three years, we continuously submitted additional submissions and maintained the case momentum.

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Key Success Factors

Multi-level position genuineness argumentation covering business operational needs, market conditions, and specific position requirements
Comprehensive evidential package: financials, operational proof, market analysis, recruitment records — addressing the Department's concerns systematically
Sustained three-year case management with continuous supplementary evidence submissions maintaining pressure on the appeal

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Outcome

The AAT ultimately accepted the evidence and legal arguments, overturning both the employer nomination and 457/482 visa refusals — after a three-year review process.

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