Tristan's Barber Shop Pty Ltd (Migration)

The Administrative Appeals Tribunal (AAT) considered a decision to refuse the approval of a nominated position for a Subclass 187 (Regional Sponsored Migration Scheme) visa in the Direct Entry stream. The applicant, Tristan's Barber Shop Pty Ltd, sought to nominate an individual for a hairdresser position. The core of the dispute revolved around whether the nominated position met the specific requirements of the Migration Regulations 1994.

The Tribunal was required to determine if the applicant satisfied the general requirements for approval of a nomination under regulation 5.19(4) and the stream-specific requirements under regulation 5.19(5) and, in this instance, regulation 5.19(9) and specifically regulation 5.19(12) for a Subclass 187 visa. A key issue was whether the nominated position could be filled by an Australian citizen or permanent resident living in, or willing to move to, the local area, as stipulated by regulation 5.19(12)(c).

The Tribunal reasoned that for the nomination to be approved, all regulatory requirements must be met. It noted that regulation 5.19(12) outlines several conditions for a Subclass 187 visa nomination, including that the position cannot be filled by a local Australian citizen or permanent resident. The Tribunal found that the application lacked sufficient information to demonstrate compliance with this requirement. As a result, the Tribunal was not satisfied that regulation 5.19(12)(c) was met, which in turn meant that regulations 5.19(9)(j) and 5.19(4)(f) were also not satisfied.

Consequently, the Tribunal concluded that the applicant had not met the requirements of regulation 5.19. In accordance with regulation 5.19(3)(b), the nomination had to be refused. The Tribunal affirmed the original decision to refuse the nomination.