ASAP PRESS PTY LTD (Migration)

This matter concerned an application by ASAP Press Pty Ltd for approval of its nomination for a skilled visa. The dispute before the Tribunal was whether the company met the criteria for approving its nomination, specifically concerning the provision of a genuine training opportunity. The decision was made by Katie Malyon, a Member of the Tribunal.

The primary legal issue before the Tribunal was to determine if the nominated program constituted a genuine training opportunity, as required by regulation 2.72A(16) of the Migration Regulations. This regulation mandates that the Minister be satisfied that the nominated program is offered for a purpose specified in regulation 2.72B. In this instance, the relevant subregulation was 2.72B(3), which pertains to occupational training aimed at enhancing the nominee's skills in their applicable occupation.

The Tribunal found that the company had not provided sufficient information to satisfy the requirements of the regulations. Crucially, the Tribunal noted the absence of updated and current information to address all applicable criteria. While acknowledging Ms. Wang's Master of Professional Accounting qualification and her work experience as an accountant, the Tribunal concluded that the company had not demonstrated that the nominated program was a genuine training opportunity. This conclusion was reached in the absence of submissions or evidence provided by the company, either at the time of the review application or in response to the Tribunal's request for further information.

Consequently, the Tribunal was not satisfied that ASAP Press Pty Ltd met the applicable criteria for its nomination to be approved. Accordingly, the Tribunal affirmed the original decision to refuse the nomination.