The Beauty & Brow Parlour Pty. Ltd. (Migration)

This matter concerned an application by The Beauty & Brow Parlour Pty. Ltd. for approval of a nomination under the Temporary Residence Transition stream of the Migration Regulations 1994. The dispute arose from a decision that the applicant did not meet the requirements for this nomination. The case was heard by Phoebe Dunn, a Member of the Tribunal.

The primary legal issue before the Tribunal was whether the applicant, The Beauty & Brow Parlour Pty. Ltd., satisfied all the requirements stipulated in regulation 5.19(3) of the Migration Regulations 1994 for the approval of a nomination under the Temporary Residence Transition stream. This involved assessing whether the application was compliant, the status of the nominator as an actively and lawfully operating business, and whether the nominee met the specified employment and training criteria.

The Tribunal reasoned that the application met the requirements of regulation 5.19(3)(a) as it was in the approved form, accompanied by the prescribed fee, and identified the nominee and her occupation as a Hair or Beauty Salon Manager, which matched her previous Subclass 457 visa occupation. Furthermore, the Tribunal was satisfied that the nominator was an actively and lawfully operating business in Australia, evidenced by various financial and operational documents. Crucially, the Tribunal found that the nominee had met the employment duration and full-time work requirements, and that the employment terms did not preclude an extension, satisfying regulation 5.19(3)(d). The Tribunal also considered the nominator's compliance with training requirements and the absence of adverse information.

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