ELLEO GROUP HOLDINGS PTY LTD (Migration)

This matter concerned an application by Elleo Group Holdings 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, specifically in relation to the nominated occupational training program.

The central legal issue before the Tribunal was whether the nominated occupational training program satisfied the requirements of regulation 2.72B of the Migration Regulations 1994, as applied by regulation 2.72A(15). This involved assessing whether the program constituted a structured workplace training program specifically tailored to the nominee's needs, was in an occupation specified by the Minister, and if the nominee possessed the requisite experience in that occupation.

The Tribunal found that while the applicant claimed regulation 2.72B(3) applied, they failed to provide requested updated 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 request or provide alternative evidence, the Tribunal was not satisfied that the requirements of regulation 2.72B(3) were met. Consequently, regulation 2.72A(15) was not satisfied, and the Tribunal affirmed the decision to refuse the nomination.