457 Visa Refusal: Migration Tribunal Reasons
Matter Refused: Long Stay Work Visa
This decision considered visa applicant abilities and skills.
The applicant applied under the temporary 457 work visa, which a delegate of the Immigration Department refused as was not satisfied that the visa applicant had personal attributes and an employment background relevant to and consistent with the nature of the activity to be performed as required by cl.457.223(4)(d) of Schedule 2 to the Migration Regulations 1994 (the Regulations). This is not a matter our firm handled.
The delegated case officer was also not satisfied that the visa applicant had the skills necessary to perform the activity as required by cl.457.223(4)(e) of the Regulations.
The applicant claimed to have a Diploma of Hair and Beauty, a hairdressing licence and over ten years experience, including operating two hair salons of her own.
The applicant provided references from hairdressers in her country. The applicant was carrying tools of the hairdressing trade when she entered Australia.
Held: Decision under review set aside.
On review it was found that the evidence demonstrated that the applicant had a hairdressing diploma, a hairdressing licence and
work experience as a hairdresser, including operating two salons of her own.
The applicants attempt to enter Australia with tools to work as a hairdresser also indicated possessing relevant skills. The applicant's sponsor was investigated and found to be employing genuine hairdresser visa holders. It was found that the applicants references could be verified and there was insufficient evidence to find that they were not genuine.
Further, it was held that the applicant had personal attributes and an employment background relevant to and consistent with the nature the activity to be performed, and had the skills necessary to perform the activity. Accordingly, it was held that the visa applicant met cl.457.223(4)(d) and cl.457.223(4)(e) for the purposes of the grant of a Subclass 457 visa.
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