Adelaide Institute of Hair & Beauty Pty Ltd (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning a nomination for the Temporary Residence Transition stream made by Adelaide Institute of Hair & Beauty Pty Ltd (the applicant) for Ms Ngoc Bich Huyen Vo. The applicant, a hair and beauty salon and training school, sought to nominate Ms Vo, a Subclass 457 visa holder, for the position of Hair or Beauty Salon Manager. The delegate had refused the nomination, and the applicant sought review by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met all the requirements for approval of the nomination under regulation 5.19(3) of the Migration Regulations 1994. This involved assessing whether the applicant was actively and lawfully operating a business, whether the nominated position and the nominee's qualifications aligned with the regulations, and whether the terms and conditions of employment met the prescribed standards, including financial capacity to employ the nominee for two years and compliance with training and workplace relations laws.

The Tribunal considered the extensive additional and updated evidence provided by the applicant, including financial reports, BAS statements, CEO letters, employment contracts, and payroll summaries. It was satisfied that the application was made in the approved form, the prescribed fee was paid, and the necessary certification regarding conduct was provided. Crucially, the Tribunal found that the applicant was actively and lawfully operating its business and that the nominee had been employed in the nominated occupation for the required period under appropriate terms and conditions, including full-time employment in Australia. The Tribunal also noted the absence of adverse information concerning the applicant and a satisfactory record of compliance with relevant laws.

Consequently, the Tribunal set aside the delegate's decision and substituted a decision approving the nomination.