Dhir Pty Ltd ATF Dhir Family Trust (Migration)

This matter concerned an application by Dhir Pty Ltd ATF Dhir Family Trust 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, specifically those outlined in regulations 2.72A and 2.72B of the Migration Regulations 1994. The core of the dispute revolved around the applicant's failure to provide requested information within the prescribed period, leading to a lack of contemporary evidence regarding the nominated program and the nominee's engagement.

The Tribunal was tasked with assessing whether the nominee would participate in the nominated program, as required by reg 2.72A(5), and whether the nominated occupational training program met the specific requirements of reg 2.72B, particularly reg 2.72B(3)(a). This involved considering whether the program was structured, tailored to the nominee's needs, and of appropriate duration, and whether it was offered as a genuine training opportunity under reg 2.72A(16). The absence of updated information meant the Tribunal could not be satisfied on these crucial points.

The Tribunal's reasoning focused on the evidentiary deficiencies arising from the applicant's non-response to the Tribunal's invitation for further information. It found that without current details about the nominee's future engagement, the financial viability of the applicant's business, or the scale of its organisation, it could not be satisfied that the nominee would participate in the nominated program. Furthermore, the lack of contemporary information meant the Tribunal could not be satisfied that the occupational training was specifically tailored to the nominee's needs or of an appropriate duration, thus failing to meet the requirements of reg 2.72B(3)(a). Consequently, the Tribunal concluded that reg 2.72A(15) and reg 2.72A(16) were not satisfied.

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