Calleja Nominees Pty Ltd (Migration)

This matter concerned an application by Calleja Nominees Pty Ltd for the approval of a nomination for a Subclass 407 (Training) visa. The Administrative Appeals Tribunal was required to determine whether the applicant met the criteria for approval of the nomination, specifically whether the nominee would participate in the nominated program. The Tribunal had previously invited the applicant to provide updated information addressing the requirements of regulation 2.72B of the Migration Regulations 1994, but no response was received within the prescribed period, nor was an extension granted.

The central legal issue before the Tribunal was whether the criteria for approval of the nomination, as set out in regulation 2.72A of the Migration Regulations 1994, had been met. Specifically, the Tribunal had to be satisfied that the nominee would participate in the nominated program, as required by regulation 2.72A(5). The Tribunal also considered the impact of the applicant's failure to provide requested information.

The Tribunal reasoned that it could not be satisfied that the nominee would participate in the nominated program due to the lack of current information. The most recent information provided by the applicant dated back over three years. In the absence of any updated details demonstrating the nominee's intended participation, the Tribunal concluded that regulation 2.72A(5) was not met. Consequently, the Tribunal affirmed the decision under review to refuse the nomination.