SRAN AUSTRALIA PTY LTD (Migration)

The Administrative Appeals Tribunal considered an application by SRAN AUSTRALIA PTY LTD concerning the approval of a nominated position under the Direct Entry stream. The dispute centred on whether the nominator, operating a hairdressing salon, met the requirements for approval of the nomination for a Hairdresser position, which could otherwise be filled by an Australian citizen or permanent resident.

The Tribunal was required to determine if the applicant met all the requirements for approval of the nomination under regulation 5.19(4) of the Migration Regulations 1994. Specifically, the court had to assess whether the nominator was actively and lawfully operating a business in Australia, whether the nominated position was within the business's activities, and whether the nominator had provided sufficient updated financial and operational information to demonstrate ongoing viability, particularly in light of the impact of COVID-19 restrictions.

The Tribunal affirmed the decision to refuse the nomination. It found that while the nominator had operated a hairdressing salon since mid-2015, financial statements indicated a decrease in sales revenue prior to March 2020, and further requested information, including ASIC extracts, bank statements, and payroll summaries, was not provided. The Tribunal also noted the absence of the sole director at the hearing, raising doubts about the continued willingness to sponsor. The lack of subsequent Business Activity Statements lodged after April 2020 also contributed to concerns about the business's active operation.

Consequently, the Tribunal concluded that the nominator had not satisfied the criteria for approval under regulation 5.19(4), leading to the affirmation of the original decision to refuse the nomination.