Galaxy Hair and Beauty Salon (Migration)

This matter concerned an appeal by Galaxy Hair and Beauty Salon (the applicant) against a decision to refuse the approval of a nominated position under the Temporary Residence Transition nomination stream. The applicant sought to nominate an individual for a position within their business.

The primary legal issue before the Tribunal was whether the applicant, as the nominating business, was actively and lawfully operating in Australia, as required by regulation 5.19(3)(b)(ii) of the Migration Regulations 1994. This involved determining if the business had ceased operations and whether its Australian Business Number (ABN) status was contingent on the nominee's visa status, as suggested by the evidence.

The Tribunal considered the evidence presented, including various financial documents, tax returns, and a business plan. Crucially, the Tribunal noted that the nominating business had ceased operation, and there was no evidence of future intention or a viable business plan to demonstrate it was actively operating. The Tribunal also observed that the ABN status appeared contingent on the nominee's visa status, which was contrary to the requirement for the business to be actively and lawfully operating independently. Consequently, the Tribunal was not satisfied that the applicant met the criteria under regulation 5.19(3).

The Tribunal affirmed the decision under review to refuse the nomination.