MDTP Pty Ltd Atf Joveski Family Trust (Migration)

The Administrative Appeals Tribunal considered a nomination application made by MDTP Pty Ltd Atf Joveski Family Trust (the nominator) for a Hair or Beauty Salon Manager position. The dispute concerned whether the nominator met the requirements for approval of the nomination under the Direct Entry stream of the relevant migration regulations.

The Tribunal was required to determine if the nominator satisfied all the criteria stipulated in regulation 5.19(4) of the Migration Regulations 1994. Specifically, this involved assessing whether the application was compliant, the nominator was actively and lawfully operating a business in Australia, the position was not labour-hire, there was no adverse information known to Immigration, the nominator had a satisfactory record of compliance with workplace relations laws, and whether the tasks of the nominated position corresponded to the ANZSCO occupation of a Beauty Salon Manager, among other requirements related to the genuine need for the position and its location.

The Tribunal found that the application met the administrative requirements of regulation 5.19(4)(a), including the identification of a need for a paid employee under the nominator's direct control, which was evidenced by the nominee's continuous employment since October 2017. It was satisfied that the nominator was actively and lawfully operating a business in Australia, as supported by documentary evidence. The Tribunal also determined that regulation 5.19(4)(c) did not apply as the nominator was not involved in labour-hire activities. Furthermore, no adverse information was known to Immigration, and the nominator demonstrated satisfactory compliance with workplace relations laws. Crucially, the Tribunal found that the nominated position was located in regional Australia and that there was a genuine need for the position, with the majority of the tasks corresponding to the ANZSCO occupation of a Beauty Salon Manager.

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