AYVA Catering Pty Ltd (Migration)

The Administrative Appeals Tribunal considered a decision by AYVA Catering Pty Ltd concerning the nomination of a program of occupational training. The dispute centred on whether the applicant met the criteria for approval of this nomination, which is a prerequisite for certain visa applications.

The primary legal issue before the Tribunal was whether the Minister was satisfied that the nominee would participate in the nominated program, as required by regulation 2.72A(5) of the Migration Regulations 1994. This required the Tribunal to determine if the applicant had provided sufficient current information to satisfy this criterion, particularly in light of a request for updated information.

The Tribunal reasoned that it had invited the applicant, pursuant to section 359 of the Migration Act 1958, to provide updated information addressing the requirements of regulation 2.72B. As the applicant failed to provide this information within the prescribed period, and no extension was granted, the Tribunal proceeded to make a decision based on the available evidence. The most recent information provided by the applicant dated from mid-2019, over three years prior. In the absence of current information demonstrating the nominee's intended participation in the nominated program, the Tribunal was not satisfied that regulation 2.72A(5) had been met.

Consequently, the Tribunal affirmed the decision under review to refuse the nomination.