AUSTRALIAN STEEL PTY LTD (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning a nomination for a Subclass 402 (Training and Research) visa. The applicant, Australian Steel Pty Ltd, sought to nominate an individual for an occupational trainee program. The core of the dispute revolved around whether the proposed training program met the specific criteria outlined in the Migration Regulations 1994 for the approval of such a nomination.

The Tribunal was required to determine if the nomination satisfied the requirements of Regulation 2.72A of the Migration Regulations 1994, which pertains to the general criteria for nomination approval, and crucially, whether it met one of the specific streams of training outlined in Regulation 2.72I. Specifically, the Tribunal had to assess if the nomination aligned with the criteria for occupational training required for registration (r.2.72I(4)), occupational training to enhance skills (r.2.72I(5)), or occupational training for capacity building overseas (r.2.72I(6)).

The Tribunal found that the applicant met the requirements of Regulation 2.72A, noting that the applicant was an approved sponsor and that any past allegations of breaches were deemed reasonable to disregard. However, the primary focus was on Regulation 2.72I. The Tribunal concluded that the evidence did not support the nomination falling under the "occupational training required for registration" stream, as there was no indication that the training was necessary for mandatory registration, membership, or licensing. Similarly, the criteria for "occupational training for capacity building overseas" were not met, as there was no evidence of support from a government agency, a requirement for practical experience for a qualification, or that the applicant was a current student or recent graduate undertaking closely related research. The Tribunal determined that the nomination was intended to meet the "occupational training to enhance skills" stream.

Consequently, the Tribunal set aside the original decision and substituted a new decision approving the nomination.