Chdaam Employment Pty Ltd (Migration)

The Administrative Appeals Tribunal considered an application by Chdaam Employment Pty Ltd for approval of a nomination for a position under the Short-term stream of the Subclass 482 visa program. The nominated occupation was Hairdresser. The dispute centred on whether the applicant met the various criteria prescribed by the Migration Regulations 1994 for the approval of such a nomination.

The Tribunal was required to determine if the applicant, as a standard business sponsor, had complied with the procedural requirements for making a nomination, if there was any adverse information known to Immigration about the applicant or associated persons, and if the nominated occupation of Hairdresser (ANZSCO 391111) was an approved occupation for the Short-term stream and applicable to the nominee. Additionally, the Tribunal had to consider the requirements relating to the nominee's visa status and the annual earnings threshold.

The Tribunal found that the applicant had satisfied the procedural requirements of regulation 2.73 and was an approved standard business sponsor. It was also satisfied that no adverse information was known to Immigration, and that the nominated occupation was listed in the relevant legislative instrument and applicable to the nominee. Crucially, the Tribunal considered the evidence regarding the nominee's salary, which, when assessed against the relevant award, exceeded the income threshold. The Tribunal concluded that all applicable criteria for the nomination's approval had been met.

Consequently, the Tribunal set aside the decision not to approve the nomination and substituted a decision approving the nomination.