Will World Australia Pty Ltd (Migration)

Will World Australia Pty Ltd (Migration) concerned a review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. The applicant, Will World Australia Pty Ltd, sought judicial review of the Minister's decision to refuse its nomination application for a skilled migration visa. The nominated position was that of a customer service manager.

The primary legal issue before the Federal Court was whether the Minister's decision that the nominated position was not a "genuine position" was affected by an error of law. This determination hinged on whether the business had a turnover of at least $1,000,000, as required by caveat 19 of the relevant legislative instrument.

Justice Sheargold considered the evidence presented regarding the company's financial performance. The court found that the evidence did not establish that Will World Australia Pty Ltd had achieved an annual turnover of at least $1,000,000. Consequently, the nominated position was not considered a genuine position under the applicable regulations.

The court affirmed the Minister's decision.