Singh, Gurpreet (Migration)

The Administrative Appeals Tribunal (Cth) considered an application by Gurpreet Singh for approval of a nominated position under the direct entry stream. The dispute concerned whether the applicant met the requirements for the nominated occupation of Hair or Beauty Salon Manager (ANZSCO 142114) within an IT service provider business. The Tribunal was required to determine if the nomination satisfied the general requirements under reg 5.19(4) and the specific requirements for the direct entry stream under reg 5.19(9) of the Migration Regulations 1994.

The primary legal issue was whether the applicant had demonstrated a genuine need for the identified person to be employed in the nominated position, as required by reg 5.19(9)(c) and (d). The delegate had previously refused the nomination on the basis that a Hair or Beauty Salon Manager role was not appropriate for an IT business and that the applicant had not demonstrated a full-time need for at least two years. The Tribunal had invited the applicant to provide further information regarding the need for employment in the nominated position, but no response was received.

The Tribunal reasoned that for a nomination to be approved, all prescribed requirements must be met. In this instance, the Tribunal was not satisfied that the application identified a need for the identified person to be employed in the nominated position under the direct control of the nominator, nor that such a need was genuine. This failure to satisfy reg 5.19(9)(c) meant that reg 5.19(4)(f) was not met. Consequently, the Tribunal was not required to consider the remaining requirements.

The Tribunal affirmed the decision under review to refuse the nomination.