Nest Salon Pty Ltd (Migration)

This matter concerned an appeal by Nest Salon Pty Ltd against a decision to refuse the approval of a nominated position for a hairdresser under the Short-term stream of the Temporary Skill Shortage (TSS) visa program. The Administrative Appeals Tribunal (AAT), presided over by Member Karen McNamara, was tasked with reviewing the delegate's decision.

The primary legal issue before the Tribunal was whether Nest Salon Pty Ltd met the criteria for the approval of the nominated position, specifically concerning the labour market testing (LMT) requirements. The Tribunal was required to determine if the evidence provided by the applicant demonstrated that no suitably qualified and experienced Australian citizen or permanent resident was readily available to fill the position, as mandated by section 140GBA of the Migration Act 1958 and the associated legislative instrument LIN 18/036.

The Tribunal's reasoning focused on the requirements for LMT, which include undertaking testing within a prescribed period, providing specified evidence of recruitment attempts, and demonstrating that no suitable Australian worker was available. The Tribunal noted that the applicant had not responded to an invitation to provide further information regarding the LMT. Consequently, the Tribunal was not satisfied that the applicant had met the LMT obligations, which are a prerequisite for the approval of a nomination under the relevant regulations.

Accordingly, the Tribunal affirmed the decision under review to refuse the nomination.