J.T CHEN & R.W CHAN (Migration)

This matter concerned an application by J.T. CHEN & R.W. CHAN for the approval of a nomination for a visa, which was reviewed by the Administrative Appeals Tribunal. The core dispute revolved around whether the nominated occupation of Massage Therapist was genuine and supported by sufficient business activity, particularly in light of the applicant's operation of a pharmacy business with four retail outlets that had recently expanded into body therapy services.

The Tribunal was required to determine if the applicant met the criteria for the approval of the nomination, specifically under regulation 2.72 of the Migration Regulations 1994, which mandates that the nominated position must be genuine. This involved assessing whether the applicant was generating a sufficient level of massage services to sustain the nominated position and whether the nominee would regularly perform the tasks of a Massage Therapist as defined by the ANZSCO Code 411611.

The Tribunal affirmed the decision to refuse the nomination, finding that the material provided by the applicant, including a promotional flyer, photographs, and a client reference, was insufficient to demonstrate the required level of business activity in massage services. The Tribunal noted that while the applicant had been invited to provide further information to demonstrate compliance with the criteria, and had requested an extension due to a family medical emergency, the failure to provide a response within the stipulated timeframe meant the applicant was not entitled to appear before the Tribunal. Consequently, the Tribunal concluded that it was not satisfied that the applicant met the applicable criteria for the nomination to be approved.