1502923 (Migration)

This matter concerned an application by AAMS for approval as a training and research sponsor, which had been refused by the delegate. The dispute centred on whether AAMS met the criteria set out in regulations 2.60A and 2.60M of the Migration Regulations 1994, specifically regulation 2.60A(d), which requires the applicant to have the capacity to comply with sponsorship obligations. The Administrative Appeals Tribunal (AAT) was required to determine if the applicant satisfied all the necessary criteria for approval.

The legal issues before the Tribunal were whether the applicant, AAMS, had demonstrated the capacity to comply with its sponsorship obligations as required by regulation 2.60A(d), and whether it met the additional criteria for approval as a training and research sponsor under regulation 2.60M. The Tribunal considered the evidence provided by AAMS, including revised documents addressing the delegate's concerns about its capacity to fulfil sponsorship obligations.

The Tribunal reasoned that AAMS had taken steps to rectify the shortcomings identified by the delegate. It had provided an updated Policy and Procedure for a Training Plan, which clearly defined roles and responsibilities for AAMS as the Registered Training Organisation (RTO) and sponsor. This included mechanisms for monitoring trainee attendance, ensuring correct salary payments, and providing structured occupational training. AAMS also submitted revised materials, including a trainer matrix, a list of training workplaces, a skills audit procedure, and a training schedule, demonstrating its capacity to deliver and monitor training. The Tribunal concluded that AAMS had addressed its previous deficiencies and now met all the applicable criteria.

The Tribunal set aside the decision not to approve the application and substituted a decision that AAMS be approved as a Training and Research sponsor.