The client, a business in the travel industry, was caught up in the spate of arbitrary ENS nomination refusal decisions throughout 2018. The Department of Home Affairs Delegate refused the ENS nomination application because the company did not meet its training benchmark obligations.
I explained to the client that the original decision was not well reasoned, so we proceeded with an AAT review application. The client waited until February 2021 for an AAT Hearing, by which time the COVID-19 pandemic was in full swing. The dramatic change in circumstances left the client in an unenviable position of defending the company’s financial outlook – in the middle of international border closures.
Through clear submission writing and meticulous pre-Hearing preparations with the client, we convinced the AAT Member that although the company was trading at essentially zero, the financial prospects for business were strong enough to warrant a genuine need to fill the position.