Crescent Nail Salon Pty Ltd (Migration)

Crescent Nail Salon Pty Ltd sought judicial review of a decision by the Administrative Appeals Tribunal (AAT) which affirmed the delegate's refusal to approve a nominated position under the Employer Nomination Scheme. The applicant, Crescent Nail Salon Pty Ltd, had nominated a position for a skilled migrant.

The primary legal issue before the Federal Court was whether the AAT had erred in law by affirming the delegate's decision to dismiss the applicant's application for approval of the nominated position. This dismissal occurred due to the applicant's failure to attend a scheduled hearing before the Tribunal.

Justice McNamara found that the AAT had not erred in law. The Tribunal was entitled to proceed with the hearing in the applicant's absence, particularly as the applicant had been provided with notice of the hearing. The Tribunal's decision to affirm the delegate's refusal, based on the lack of engagement from the applicant, was a lawful exercise of its powers. The Court therefore affirmed the decision under review.