Baralaba Supermarket Pty Ltd (Migration)

The Administrative Appeals Tribunal considered a nomination made by Baralaba Supermarket Pty Ltd in relation to a Subclass 407 (Training) visa. The dispute centred on whether the applicant met the criteria for the approval of this nomination, specifically concerning the nominee's participation in the nominated program and the purpose of the occupational training.

The Tribunal was required to determine if the applicant satisfied the requirements of regulation 2.72A(5) and regulation 2.72B, as applied by regulation 2.72A(15), of the Migration Regulations 1994. Specifically, the Tribunal had to assess whether the nominee would participate in the nominated program and whether the occupational training was a structured workplace training program, specifically tailored to the nominee's needs, of appropriate duration, and in relation to an occupation for which the nominee possessed the requisite experience.

The Tribunal's reasoning was primarily based on the applicant's failure to provide requested information within the prescribed period, as invited under section 359(2) of the Migration Act 1958. This lack of contemporary information meant the Tribunal could not be satisfied that the nominee would participate in the nominated program, thus failing regulation 2.72A(5). Furthermore, the absence of updated details regarding the business, the nominated position, and the training program prevented the Tribunal from being satisfied that the training was specifically tailored to the nominee's needs, of appropriate duration, or that the nominee had the required 12 months of full-time experience in the nominated occupation, thereby failing regulation 2.72B(3)(a) and (c).

Consequently, the Tribunal affirmed the decision to refuse the nomination, finding that the applicant had not met the applicable requirements for its approval.