The Bleach Hut Hair & Beauty Pty Ltd (Migration)

This matter concerned an application by The Bleach Hut Hair & Beauty Pty Ltd for approval of a nomination under the Direct Entry stream of the Migration Regulations 1994. The applicant sought to nominate a position for a Hair or Beauty Salon Manager. The Tribunal was required to determine whether the applicant met the requirements for approval of the nomination as set out in regulation 5.19(4) of the Migration Regulations.

The primary legal issues before the Tribunal were whether the applicant had provided sufficient evidence to demonstrate that the nominated employee would be employed full-time for at least two years, and that the terms and conditions of employment would be no less favourable than those offered to an Australian citizen or permanent resident in an equivalent role. The Tribunal also considered whether the applicant had provided updated or current information regarding its business and the nominated position, as requested by the Tribunal.

The Tribunal found that the applicant had failed to provide the requested information within the prescribed period, and consequently, there was no contemporary information before the Tribunal regarding the financial capacity of the nominating business to pay the nominated salary for the required two-year period. Furthermore, the Tribunal lacked contemporary information to satisfy itself that the terms and conditions of employment would be no less favourable than those provided to an Australian citizen or permanent resident. As a result, the Tribunal was not satisfied that the applicant met the requirements of regulation 5.19(4)(d)(i) or 5.19(4)(e).

Accordingly, the Tribunal affirmed the decision under review to refuse the nomination.