Denture Health Care Qld Pty Ltd (Migration)

This matter concerned an application by Denture Health Care Qld Pty Ltd for 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 under section 140GB(2) of the Migration Act 1958 (Cth) and regulation 2.72A of the Migration Regulations 1994 (Cth).

The primary legal issue before the Tribunal was whether the nominated occupational training program satisfied the requirements of regulation 2.72B(3) of the Migration Regulations. Specifically, the Tribunal had to consider whether the training program was a structured workplace training program, specifically tailored to the nominee's needs, of appropriate duration, in an occupation specified by the Minister, and whether the nominee possessed the requisite experience in that occupation.

The Tribunal's reasoning focused on the applicant's failure to provide requested updated and current information regarding the structure, content, and duration of the training program, and how it met the nominee's specific training needs. As the applicant did not respond to this invitation or provide alternative evidence, the Tribunal was not satisfied that the requirements of regulation 2.72B(3)(a) were met. Consequently, regulation 2.72A(15) was not satisfied, leading the Tribunal to conclude that the applicant did not meet the applicable requirements for approval of the nomination.

The Tribunal affirmed the decision under review to refuse the nomination.