Unique Hair and Beauty Salon Pty Ltd (Migration)

This matter concerned an application for approval of a nominated position under the Temporary Residence Transition nomination stream, brought before the Tribunal by Unique Hair and Beauty Salon Pty Ltd. The core dispute revolved around whether the applicant, Ms Navdeep Kaur Mundi, and the nominator, Unique Hair and Beauty Salon Pty Ltd, met the requirements stipulated in regulation 5.19 of the Migration Regulations 1994 for the approval of the nominated position of Hairdresser.

The Tribunal was required to determine if the nomination application was compliant, if the nominator met the criteria of being an actively and lawfully operating business and had not met certain overseas business operation criteria in its most recent sponsorship approval, and if the nominee had fulfilled the previous employment requirements. Specifically, the Tribunal had to assess whether the nominee had been employed full-time in Australia in the nominated position for at least two of the three years preceding the nomination application, or alternatively, held a Subclass 457 visa based on a nomination and had been employed in that occupation for at least two years within the three years prior to the application.

The Tribunal's reasoning focused on a detailed examination of each subregulation of r.5.19. It found that the application was made in the approved form, accompanied by the prescribed fee, and identified the relevant visa holder and occupation, thus satisfying r.5.19(3)(a). Regarding r.5.19(3)(b), the Tribunal was satisfied, based on departmental records and current evidence including ASIC information and financial documents, that the nominator was the relevant standard business sponsor, actively and lawfully operating a business in Australia, and had not met the specified overseas business operation criteria in its most recent sponsorship approval. The Tribunal also confirmed that the nominee met the previous employment requirements under r.5.19(3)(c).

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