Cocomil Pty Ltd (Migration)

This matter concerned a review of a decision to refuse the approval of a nomination under the Temporary Residence Transition nomination stream. The applicant, Cocomil Pty Ltd, sought approval for a nomination for a Café or Restaurant Manager position. The dispute centred on whether the company had met the training requirements stipulated by the Migration Regulations 1994. The review was heard by Lilly Mojsin, a Member of the Tribunal.

The primary legal issue before the Tribunal was whether Cocomil Pty Ltd had satisfied the requirements of regulation 5.19(3)(f) of the Migration Regulations 1994. This regulation mandates that a nominator must have fulfilled any commitments made regarding training requirements and complied with applicable obligations during the period of their most recent approval as a standard business sponsor, unless it is reasonable to disregard these requirements. The Tribunal was required to determine if the evidence submitted by the company sufficiently demonstrated compliance with these training obligations.

The Tribunal considered the various invoices for training costs, profit and loss statements, a statutory declaration from a training provider, and payroll summaries submitted by Cocomil Pty Ltd. It noted that the company's first Subclass 457 visa was granted on 15 October 2012, establishing this as the commencement of the period of most recent sponsorship approval. The Tribunal found that the submitted documentation, including invoices for training and a statutory declaration attesting to the completion of training, provided sufficient evidence that the company had met its training commitments and complied with the relevant obligations under Division 2.19 of the Migration Regulations.

Consequently, the Tribunal was satisfied that Cocomil Pty Ltd met the requirements of regulation 5.19 for the approval of the nomination. The decision under review was set aside, and a substituted decision approving the nomination was made.