MAGIC MASSAGE TOWNSVILLE PTY LTD (Migration)

The Administrative Appeals Tribunal considered a migration matter involving Magic Massage Townsville Pty Ltd. The dispute concerned the approval of the company's nomination for an occupation, specifically that of a Massage Therapist. The core of the issue was whether the nominated position was genuine and if a suitably skilled Australian worker was unavailable.

The Tribunal was required to determine whether Magic Massage Townsville Pty Ltd met the criteria for approval of its nomination, as stipulated by regulation 2.72 of the Migration Regulations 1994 and section 140GBA of the Migration Act 1958. Specifically, the Tribunal had to assess whether the delegate's finding that the company failed to satisfy regulation 2.72(10)(f) – that the nomination was lodged to fill a genuine skill shortage – was correct.

The Tribunal noted that the delegate had not been satisfied that the evidence demonstrated a genuine skill shortage. The Tribunal subsequently invited the company to provide further information to demonstrate compliance with the relevant criteria. However, the company failed to provide the requested documentation or seek an extension of time. Consequently, the Tribunal was not satisfied that the nominated position was genuine, meaning the requirements of regulation 2.72(10)(f) were not met.

Accordingly, the Tribunal affirmed the decision not to approve the nomination.