Shri Ganeshai Namaha Pty Ltd ATF Joshi Family Trust (Migration)

This matter concerned an application for approval of a nominated position under the Direct Entry stream of the Employer Nomination Scheme. The applicant, Shri Ganeshai Namaha Pty Ltd ATF Joshi Family Trust, sought approval for a Hair or Beauty Salon Manager position. The Tribunal was required to determine whether the nominating entity met the requirements for approval of the nomination under regulation 5.19(4) of the Migration Regulations 1994.

The primary legal issues before the Tribunal were whether the nominating entity was actively and lawfully operating a business in Australia, whether there was a genuine need for the nominated position, and whether the terms and conditions of employment were no less favourable than those offered to Australian citizens or permanent residents. The Tribunal also considered whether there was any adverse information known to Immigration about the nominator and whether the nominator had a satisfactory record of compliance with workplace relations laws.

The Tribunal found that the nominating entity, an expanding multi-located beauty salon business in Western Australia, met the requirements of regulation 5.19(4). It was satisfied that the application was in the approved form, the prescribed fee was paid, and the nomination identified a genuine need for a paid employee to work in the Hair or Beauty Salon Manager role under the nominator's direct control. The Tribunal accepted the visa applicant's qualifications and extensive experience aligned with the duties of the nominated occupation, ANZSCO 142114. Furthermore, the Tribunal was satisfied that the terms and conditions of employment were equivalent to those offered to Australian employees in similar roles and that the nominator had a satisfactory record of compliance with workplace relations laws.

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