Koreana Hair and Beauty Pty Ltd (Migration)

The Administrative Appeals Tribunal, constituted by Member Mary Sheargold, considered an application by Koreana Hair and Beauty Pty Ltd concerning the refusal of a nomination for a skilled visa. The core of the dispute was whether the nominated position met the requirements of the Migration Regulations 1994.

The Tribunal was required to determine if the nominated position was genuine and full-time, as stipulated by regulation 2.72(10) of the Migration Regulations 1994. This involved assessing whether the applicant, Koreana Hair and Beauty Pty Ltd, had provided sufficient contemporary information to satisfy the Tribunal that the position genuinely existed within the business and was a full-time role.

The Tribunal reasoned that it could not be satisfied that the nominated position was genuine due to a lack of contemporary information regarding the applicant's business structure, turnover, activity levels, and current employee numbers. Without this information, the Tribunal was unable to assess the necessity of employing a hairdresser. The Tribunal applied the principle that a qualitative assessment of the position is required, referencing *Cargo First Pty Ltd v MIBP* [2016] FCA 30. As the requirements of regulation 2.72(10)(a) were not met, the Tribunal affirmed the decision not to approve the nomination.