MAGIC TOUCH HAIRDRESSING PTY LTD (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning Magic Touch Hairdressing Pty Ltd's nomination of a Hair or Beauty Salon Manager position under the Temporary Residence Transition nomination stream. The applicant, Magic Touch Hairdressing Pty Ltd, sought approval of its nomination for Mr. Houssam El Ouaed.

The primary legal issue before the Tribunal was whether the applicant met all the requirements for approval of the nomination under regulation 5.19(3) of the Migration Regulations 1994. Specifically, the Tribunal had to determine if the application was compliant, if the nominator was actively and lawfully operating a business, if there was no adverse information known to Immigration, if the nominator had a satisfactory record of compliance with workplace relations laws, and crucially, if there was a genuine need for the nominator to employ the nominee in the nominated position.

The Tribunal found that the application met the formal requirements, including being in the approved form and accompanied by the prescribed fee, and that the nominated occupation matched the nominee's previous Subclass 457 visa occupation. It was also satisfied that the nominator was actively and lawfully operating its hairdressing business, and that there was no adverse information or non-compliance with workplace relations laws. The critical finding related to the genuine need for the nominee. While the delegate had not been satisfied of this, the nominator's owner, Mr. Fayad, provided evidence that he had no experience in the hair and beauty industry and focused on his other concrete cutting business. He explained that the nominee therefore managed all operational aspects of the salon, including staff training and customer service, and that this was a role Mr. Fayad himself could not fulfil due to his lack of experience. The Tribunal accepted these submissions, concluding that there was a genuine need for the nominated position.

Consequently, the Tribunal set aside the original decision and substituted a decision approving the nomination.