Esprit Hair Pty Ltd (Migration)

This matter concerned an application by Esprit Hair Pty Ltd for approval of a nomination under the Temporary Residence Transition stream. The applicant, a hair and beauty business operating two salons and an import/distribution arm, sought approval for a Customer Service Manager position. The Tribunal was required to determine whether the applicant met all the requirements stipulated in regulation 5.19(3) of the Migration Regulations 1994 for the nomination to be approved.

The court was tasked with assessing whether Esprit Hair Pty Ltd had demonstrated a genuine need to employ the nominee, had met its training obligations, and had a satisfactory record of compliance with workplace relations laws. Specifically, the Tribunal had to consider evidence regarding the financial capacity of the business to pay the nominated employee’s full-time salary for two years, and whether the employment contract excluded the possibility of extension. The court also needed to verify that there was no adverse information known to Immigration concerning the nominator or associated persons, and that the nominee had met the necessary training requirements.

The Tribunal found that the applicant had provided sufficient evidence to satisfy the requirements of regulation 5.19(3). It was satisfied that there was a genuine need for the nominee in the position of Customer Service Manager, given the size and operations of the business. The Tribunal also concluded that the nominee had met the training requirements and that the employment contract did not preclude the possibility of extension, thereby fulfilling the conditions for approval.

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