<blockquote rel="alphadog">Hi. Any advice would be greatly appreciated. Here's my story:
I applied for a 190 visa as a Human Resource Adviser for my husbands business (pawnshop/money changer). I got a positive assessment from VETASSESS. On mid August, we got a visit from an integrity officer from the AU embassy in Manila. I was not in the office during that time. They interviewed one of our employees (head cashier). Our employees doesn't know that we applied for an AU Visa. Below is the explanation why i was not awarded the 10 points for work experience, thus reducing my claimed points from 65 to 55, hence the Visa Refusal.
(1) "On 14 August 2013 this office conducted an investigation into your employment with ____________________. Our officer visited the premises of your employer and spoke to some of the staff attending the shop.
(2) The staff at the shop advised our officers that the shop is a family business and your spouse is the manager of the shop and you assist him in the management of the business including hiring of personnel.
(3) Your staff advised our officers that there are four (4) current employees. Namely: 2 cashiers, 1 filing clerk and 1 ticket writer, all of whom are long term employees.
(4) The staff further advised our officer that you only assist in the management of the business including hiring of personnel. After receiving a phone call the staff changed her information that there are 10 employees but they are not present. The staff advised our officers that staff use time cards to report attendance but later said that the shop keeps a notebook of staff attendance but they are not allowed to show it to anybody.
(5) The next day you contacted our officers and informed them that since they maintain regular employees for many years there is no need to perform personnel tasks on a daily basis. You do not perform the duties the duties and tasks such as study and interpret legislations, collective agreements and employment contracts, developing, planning and formulating enterprise agreements etc.
(6) Based on the information you provided to our officers, together with information collated at the time of visit I have determined that the tasks and duties you performed are closely related of to that of business owner or shop manager ANZSCO 14211 which is not included in the Skilled Migration List and therefore no points are awarded. You do not perform the majority of tasks and duties of a Human Resource Adviser (ANZSCO 14211)."
(2) As per our cashier, she was asked kung ano trabaho ko doon and ang sabi nya ako ang HR adviser and asawa ko ang may ari at manager.
(3) when she was asked kung ilan sila ngayon sa tindahan, sinabi nya 4 sila ngayon na nasa shop
(4) nung tinanong sya kung ano pa ang ibang ginagawa ko, sinabi nya, hindi na nya alam lahat ng ginagawa ko, ang alam lang nya is ako yung nag hire at nag interview at ako din ang nag-aayos ng sss/philhealth, pag-ibig. habang magkausap sila, may tumawag na customer at nagtanong ng rate (as per our cashier). may mga iba pa daw tinanong sa kanya yung officer, kung tuwing kailan ako nadoon at yung asawa ko. during the conversation, i believe na sinabi ng cashier namin na 10 lahat ang employee pero may mga hindi pumapasok, the officer said "ah, awol" (why is it insinuated that after receiving a phone call she changed the number of employees, i believe what happened is that she is informing the officer kung ilan talaga lahat kami sa shop). re: time card, i asked her kung sinabi nya na may ganun kami. our cashier said, ang sinabi nya sa notebook sila pumipirma ng attendance. hindi daw nya sinabi na may time card kami. and nung tinanong sa kanya kung pwede makita, hindi nya pinakita. sinabihan sya ng isa naming staff na nasa back office na bawal magpakita ng records ng business sa ibang tao. (it is our company policy that they are not allowed to show any records or divulge any information about the company and our employees for security reasons). tinanong pa daw sya ng officer kung hindi ko ba sila sinabihan na may dadating from AU embassy, ang sagot ng cashier is hindi po, nagulat nga ako e. i did not inform our employees that we are applying for an AU visa. nung paalis na yung officer and sabi nya sa cashier namin "sorry na lang hindi ko nakausap si madam" as per our cashier sinabi nya ito na parang naka ngiti, parang sarcastic ang pagkakasabi.
(5) i did not inform the officer that there is no need to perform personnel tasks on a daily basis. he asked me if i could honestly say that 99% of my day is spent doing hr tasks, i said no, not 99% of my day. And no, i do not perform this particular task (legislation, collective agreement....) because we are just a small business and our staff does not have a union, therefore no need for this task.
(6) how could he say that my duties is more related to that of a shop manager or business owner, that is my husbands job. and thru that interview, how did he assess that outcome. why would VETASSESS give me a positive assessment if my duties are not fit to that of an HR Adviser.
- most of the tasks i perform is that of an hr adviser. if i remember correctly, during my conversation with the officer he was already insisting that i am more of a shop manager. i honestly do not have any idea how he came up with that assessment. why didnt the case officer contacted me after he was given the report so i could have explained?
any help or input would be greatly appreciated. i refuse to accept this outcome. is there anything i could do? we do not have a mara agent. processed this application on our own
sorry for the long post, i am really stressed for help.
thank you.
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goodluck to you...