Fame Hair & Beauty Saloon Pty Ltd (Migration)

This matter concerned an appeal by Fame Hair & Beauty Saloon Pty Ltd against a decision to refuse the approval of a nomination for a Hairdresser position under the Direct Entry stream of the Employer Nomination scheme. The applicant sought to nominate Ms Shamim Ara for the position. The initial application was lodged on 2 February 2017, and despite requests for further information from the Department and later the Tribunal, the nominator failed to provide essential supporting documentation, such as evidence of an employment contract or proof of the business's financial capacity to employ the nominee for at least two years.

The primary legal issue before the Tribunal was whether the nominator had met all the requirements for the approval of the nomination as stipulated in regulation 5.19(4) of the Migration Regulations 1994. Specifically, the Tribunal had to determine if the application was properly made and if the nominator satisfied the criteria relating to the active and lawful operation of the business, the genuine need for the nominated employee, and the provision of appropriate employment terms and conditions.

The Tribunal affirmed the decision to refuse the nomination, finding that the nominator had failed to satisfy the requirements of regulation 5.19(4). The Tribunal noted the persistent lack of supporting documentation, including evidence of an employment contract and the business's financial capacity, which were crucial for demonstrating compliance with the regulations. Despite multiple opportunities and explicit requests for information, including a final invitation to provide current information by 23 October 2018, the nominator provided insufficient material. The Tribunal concluded that, given the absence of evidence to substantiate the claims made in the application, it could not be satisfied that the nominator met the necessary criteria for approval.