Regal Nail Designs Pty Ltd (Migration)

Regal Nail Designs Pty Ltd (Migration) concerned an application for approval of a nomination for the position of Hair or Beauty Salon Manager. The applicant, Regal Nail Designs Pty Ltd, sought to nominate Bich Quynh Trang NGUYEN for this role. The core dispute revolved around whether the nominated position was genuine and met the specific criteria set out in the Migration Regulations 1994, particularly in light of the scale and nature of the applicant's business operations. The matter was heard by the Tribunal.

The Tribunal was required to determine if the applicant met the criteria for approval of the nomination under section 140GB(2) of the Migration Act 1958 and regulation 2.72 of the Migration Regulations 1994. Specifically, the court had to consider whether the nominated occupation was genuine, whether the applicant was an approved sponsor, and whether the nominated person's duties aligned with the requirements of the occupation, including any "inapplicability conditions" stipulated in relevant instruments. The Tribunal also had to assess whether any adverse information known to Immigration about the applicant was reasonable to disregard.

The Tribunal reasoned that the applicant had provided the required certification and that the criteria under regulation 2.72(8B) were met. While an allegation of engaging illegal workers in 2018 was noted, the Tribunal considered it reasonable to disregard this information as it was an anonymous allegation and no action had been taken by the Department. The Tribunal found that the nominated occupation, Hair or Beauty Salon Manager, was specified in the relevant instrument (IMMI 17/060) and that the "inapplicability conditions" were satisfied. Condition 13, relating to the position not predominantly involving non-managerial hairdressing or beauty therapy tasks, was met because the nominee's primary duties would be managing the salons, not performing services. Condition 21, requiring the business to have at least 5 employees, was also satisfied, given the applicant's operation of four salons.

Consequently, the Tribunal set aside the decision not to approve the nomination and substituted a decision approving the nomination.