SHASHI BEAUTY SALON PTY LTD (Migration)

This matter concerned an appeal by Shashi Beauty Salon Pty Ltd against a decision to refuse its nomination for a Temporary Residence Transition visa. The core of the dispute revolved around whether the nominated employee, a Hair or Beauty Salon Manager, had been employed in the nominated position for at least two years, as required by regulation 5.19(3)(c)(i)(A)(II) of the Migration Regulations 1994. The Administrative Appeals Tribunal (AAT) was tasked with reviewing the delegate's decision.

The Tribunal was required to determine if the applicant had satisfied all the criteria under regulation 5.19 for the approval of the nominated position. Specifically, the Tribunal had to assess whether the evidence presented demonstrated that the nominee had held one or more Subclass 457 visas for a total period of at least two years and had been employed in the nominated position for a total period of at least two years within the three years immediately preceding the nomination application. The Tribunal also considered the applicant's financial capacity and compliance with other relevant regulations, including those pertaining to the integrity of the business operations and the financial capacity to maintain future employment of visa holders.

The Tribunal affirmed the delegate's decision to refuse the nomination. The reasoning focused on the applicant's failure to demonstrate that the nominee had met the minimum two-year employment requirement in the nominated position. While the applicant provided various documents, including payroll records and a letter from an accountant, the Tribunal found these insufficient to conclusively establish the required period of employment. Discrepancies were noted, including issues related to salary payments, the operational hours of the salons, and the use of Centrelink subsidised workers and trainees, which raised concerns about the integrity of the business and its capacity to meet its obligations. The Tribunal concluded that the evidence did not satisfy the requirements of regulation 5.19(3)(c)(i)(A)(II).