Angels Care (Australia) Pty. Ltd. (Migration)

This matter concerned an application by Angels Care (Australia) Pty. Ltd. for approval of a nomination for a Subclass 407 (Training) visa. The applicant sought to nominate Ms Mary Joy Tamondong for the occupation of Aged or Disabled Carer, stating the purpose was to enhance her skills. The Administrative Appeals Tribunal was required to determine whether the applicant met the criteria for approval of the nomination under section 140GB(2) of the Act and regulation 2.72A of the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether the nominated program constituted a genuine training opportunity, as required by regulation 2.72A(16). This involved assessing whether the Minister could be satisfied that the program was offered for a purpose referred to in regulation 2.72B. A key aspect of this assessment was the applicant's failure to provide updated and current information requested by the Tribunal, specifically in response to a letter dated 17 June 2022.

The Tribunal reasoned that it needed contemporary information to assess the genuineness of the training program, the nominee's continued employment, and further skill development. Due to the applicant's non-response to the invitation under section 359(2) of the Act, the Tribunal lacked current details regarding the structured training program, its impact on the proposed training duration, and any necessary modifications. Consequently, the Tribunal could not give weight to information provided to the Department in October 2018. The Tribunal concluded that the nominee's stay appeared to be a means to remain in Australia rather than for genuine training purposes.

Accordingly, the Tribunal was not satisfied that the applicant met the applicable requirements for approval of the nomination. The Tribunal affirmed the decision not to approve the nomination.