Willett (Migration)

This matter concerned an appeal by an applicant for an Employer Nomination (Permanent) (Class EN) visa, Subclass 186 (Employer Nomination Scheme), Direct Entry stream, for the occupation of Hairdresser. The applicant's employer had made a nomination for the position, which was initially refused by the Department. The employer subsequently applied to the Administrative Appeals Tribunal for a review of that decision.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 186.233 of the Migration Regulations 1994. This clause, as it applied to the case, required, among other things, that the nominated position be the subject of an approved nomination, that the nominating employer be the prospective employer, that the nomination had not been withdrawn, that there was no adverse information known to the Department about the nominator or their associates, that the position remained available, and that the visa application was made within six months of the nomination's approval.

The Tribunal found that the nominating employer, Mr. Brendon Mann, the sole director of CIPE Group Pty Ltd trading as Epic Hair Designs, had made the nomination and signed the employment contract, satisfying the requirement that the prospective employer was the nominator. The Tribunal also noted that the nomination had been approved by the Department and had not been withdrawn. Crucially, there was no adverse information before the Tribunal regarding the nominator or their associates. The Tribunal was satisfied that the position remained available to the applicant and that the visa application was lodged within the prescribed six-month period after the nomination's approval.

Consequently, the Tribunal set aside the Department's decision and substituted a decision to approve the nomination. The Tribunal then remitted the primary and secondary applicants' visa applications to the Minister for reconsideration of the remaining visa criteria, with a direction that the first applicant met the requirements of clause 186.233.