Hac Hoai Anh Salon Beauty & Massage Pty Ltd (Migration)

This matter concerned an application by Hac Hoai Anh Salon Beauty & Massage Pty Ltd for approval of a nominated position under the Direct Entry stream of the Migration Regulations 1994. The Administrative Appeals Tribunal was required to review a decision to refuse this nomination.

The primary legal issue before the Tribunal was whether the applicant met all the requirements for approval of the nomination under regulation 5.19(4) of the Migration Regulations 1994. This included assessing whether the nominated position could not be filled by an Australian citizen or permanent resident, and whether the applicant had provided sufficient information to satisfy the Tribunal of the genuine need for the nominated employee.

The Tribunal affirmed the decision to refuse the nomination. It noted that on 20 September 2022, it had invited the applicant to provide updated and current information addressing the relevant criteria under regulations 5.19(2) and 5.19(4). The Tribunal was satisfied that this invitation was properly dispatched to the applicant's migration representative. However, no response was received by the specified date of 4 October 2022, nor was an extension of time requested. Consequently, the Tribunal was not satisfied that the applicant had met the requirements of regulation 5.19(4), and therefore affirmed the original decision to refuse the nomination.