Aveva Pty Ltd (Migration)

The Administrative Appeals Tribunal, constituted by Karen McNamara, considered a decision to refuse a nomination under the Temporary Residence Transition stream. The applicant, Aveva Pty Ltd, an associated entity of a British software company, had sponsored Mr Robert Lamb for a Subclass 457 visa. The core of the dispute concerned whether Aveva Pty Ltd had met its training obligations as a Standard Business Sponsor and whether the nominee would be employed for at least two years in the nominated position.

The Tribunal was required to determine if Aveva Pty Ltd had satisfied the requirements of regulation 5.19(3) of the Migration Regulations 1994. Specifically, the Tribunal had to assess whether the applicant had provided sufficient evidence of meeting its training commitments during its most recent approval as a Standard Business Sponsor, and whether the nominee, Mr Lamb, would be employed full-time in the nominated position for at least two years, with terms that did not preclude an extension.

The Tribunal found that while Aveva Pty Ltd had provided evidence of offshore training for its Australian employees, the delegate had refused the nomination on the basis that this did not satisfy the criteria for on-the-job training as specified under IMMI 13/030. Furthermore, the Tribunal noted that Mr Lamb's employment with Aveva Pty Ltd had ceased as his position had become redundant, and he had been made redundant shortly before the hearing. This directly impacted the requirement under regulation 5.19(3)(d) that the nominee would be employed on a full-time basis for at least two years.

Consequently, the Tribunal affirmed the decision under review to refuse the nomination. The Tribunal was not satisfied that Aveva Pty Ltd had met the requirements of regulation 5.19(3), and as the applicant had not sought to satisfy the criteria for the Direct Entry nomination stream, the nomination could not be approved.