Cre8tive Nailz and Beauty (Migration)

The Administrative Appeals Tribunal considered a nomination application made by Cre8tive Nailz and Beauty (Migration) for a Hair or Beauty Salon Manager position. The dispute concerned whether the nominated position met the requirements for approval under the Direct Entry nomination stream of the *Migration Regulations 1994*.

The Tribunal was required to determine if the applicant satisfied all the criteria stipulated in regulation 5.19(4) of the *Migration Regulations 1994*. Specifically, the Tribunal had to assess whether the application was compliant, if the nominator was actively and lawfully operating a business in Australia, if the position was not labour hire, if the terms and conditions of employment were no less favourable than those offered to Australian citizens or permanent residents, if there was no adverse information known to Immigration, if the nominator had a satisfactory record of compliance with workplace relations laws, and crucially, whether there was a genuine need for the nominated position, particularly given its location in regional Australia and the inability to fill it locally.

The Tribunal found that the nominator was actively and lawfully operating a nail and beauty salon in Darwin, a location considered regional Australia for the purposes of the regulations. Evidence presented, including business registration documents, activity statements, and payroll information, satisfied the Tribunal that the business was legitimate and operational. Furthermore, the Tribunal accepted evidence that the nominator did not engage in labour hire activities. The Tribunal was satisfied that the tasks of the nominated position corresponded to those of a Hair or Beauty Salon Manager, that there was a genuine need for the nominee to be employed in this role, and that the position could not be filled by a local Australian citizen or permanent resident. The Tribunal also noted the approval from a Regional Certifying Body.

Consequently, the Tribunal set aside the original decision and substituted a decision approving the nomination.