Automotive Care Pty Ltd (Migration)

Automotive Care Pty Ltd sought judicial review of a decision made by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs concerning a nomination for an occupational training program. The applicant, Automotive Care Pty Ltd, was the sponsor of the proposed training, and the dispute centred on whether the applicant met the requirements for approval of this nomination.

The primary legal issue before the Court was whether the delegate of the Minister had erred in law in refusing to approve the nomination of the program of occupational training. Specifically, the Court was required to determine if the delegate had correctly applied the relevant provisions of the *Migration Regulations 1994* (Cth) concerning the nature of the occupational training and its potential impact on Australian workers.

The Court found that the delegate had made an error of law by misinterpreting the requirements of Regulation 5.19(1)(c)(ii). This subregulation requires that occupational training will be provided directly by the sponsor and that the training will not result in adverse consequences for Australian employees. The Court reasoned that the delegate had incorrectly concluded that the training proposed by Automotive Care Pty Ltd would have adverse consequences for Australian employees. The Court accepted the applicant's submission that the training was designed to enhance the skills of the overseas worker, thereby complementing, rather than displacing, Australian workers. The Court applied the principle that a delegate must properly consider all relevant factors and apply the law as it stands.

The Court ordered that the decision under review be set aside and remitted to the Minister for redetermination according to law.