A Orlando (Victoria) Pty Ltd ATF the A Orlando (Victoria) Unit Trust (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by A Orlando (Victoria) Pty Ltd ATF the A Orlando (Victoria) Unit Trust concerning the refusal of a nomination for a program of occupational training. The dispute centred on whether the applicant met the criteria for approval of the nomination under the Migration Regulations 1994.

The primary legal issue before the Tribunal was to determine if the applicant satisfied the requirements of regulation 2.72A, specifically in relation to regulation 2.72B(3), which outlines the criteria for a nominated occupational training program. This involved assessing whether the nominee possessed the requisite experience in the relevant occupation.

The Tribunal's reasoning focused on regulation 2.72B(3)(c), which mandates that the nominee must have the equivalent of at least 12 months of full-time experience in the occupation within the 24 months preceding the nomination. The Tribunal found that, based on the information provided, the nominee had a maximum of 10.5 months of experience. Crucially, the applicant failed to respond to the Tribunal's invitation to provide updated information demonstrating compliance with this requirement. Consequently, the Tribunal was not satisfied that regulation 2.72B(3)(c) was met, meaning regulation 2.72A(15) was also not satisfied.

The Tribunal affirmed the decision under review to refuse the nomination, finding that the applicant had not met the applicable requirements for approval.