Shinka Hair & Make Up Pty Ltd (Migration)

The case of Shinka Hair & Make Up Pty Ltd (Migration) concerned an application for approval of a nomination for a Subclass 482 visa under the Short-term stream for the occupation of Hairdresser. The applicant, Shinka Hair & Make Up Pty Ltd, operated a hairdressing salon in Sydney and sought to nominate Mrs Mamie Shimoda for the position. The decision was made by Karen McNamara, a Member of the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the criteria for approval of the nomination, as stipulated by regulation 2.72 of the Migration Regulations 1994, and section 140GB of the Migration Act 1958. This involved assessing whether the nominated position was genuine, whether the nominee possessed the requisite qualifications and experience, and whether the nomination complied with various procedural and substantive requirements, including those related to standard business sponsorship, payment of charges, and the specified occupation list.

The Tribunal's reasoning focused on a detailed examination of the evidence against the requirements of regulation 2.72. It found that the applicant was an approved standard business sponsor and had complied with the nomination process set out in regulation 2.73. Crucially, the Tribunal determined that the nominated occupation of Hairdresser (ANZSCO 391111) was listed on the relevant Short-term skilled occupation list (IMMI 18/048) and that the nominee's qualifications and experience were commensurate with the ANZSCO description. Furthermore, the Tribunal was satisfied that there was no adverse information known to Immigration concerning the applicant and that all applicable charges had been paid.

Ultimately, the Tribunal set aside the decision not to approve the nomination and substituted a decision approving the nomination. This outcome was based on the Tribunal's finding that the applicant had met all the applicable criteria for the nomination to be approved.