Yuckhaev (Migration)

This matter concerned an application for a Subclass 186 (Employer Nomination Scheme) visa, Temporary Residence Transition stream, for the occupation of Hairdresser. The applicant was the prospective employee, and the nominating sponsor was Hair Touch Professional Salon. The decision was made by Warren Stooke AM of the Tribunal.

The primary legal issues before the Tribunal were whether the nominating sponsor and the nominated position met the relevant criteria under Schedule 2 of the Migration Regulations 1994, specifically clauses 186.233, 186.223, and 186.311. The Tribunal also considered the status of a secondary applicant, Tiana Mel Yuckhaev, who was born after the original application was made.

The Tribunal was satisfied that the nominating sponsor had provided sufficient evidence regarding the business's registration, its operations, and the employment arrangements for the applicant, including salary, superannuation, and the provision of a Fair Work Information Statement. Evidence was presented concerning the applicant's salary history and a proposed employment contract with a salary of $55,012 per annum, which was within the range indicated by PayScale data for the nominated occupation. The Tribunal also noted the detailed schedule of tasks and responsibilities for the Hairdresser position.

The Tribunal remitted the applications for reconsideration, directing that the primary and secondary applicants meet the criteria for a Subclass 186 visa, including clauses 186.233, 186.223, and 186.311 of Schedule 2. The Tribunal noted that the secondary applicant, Tiana Mel Yuckhaev, was not subject to the original application as she was born after it was lodged.