Ep6 Management Pty Limited (Migration)

The Administrative Appeals Tribunal considered a migration matter involving Ep6 Management Pty Limited, the applicant, and the delegate who refused to approve a nomination under the occupational trainees stream for a subclass 402 visa. The dispute centred on whether the nominated job and the proposed training program met the regulatory criteria for such a nomination.

The Tribunal was required to determine if the applicant satisfied the requirements of regulations 2.72A and 2.72I, specifically sub-regulations 2.72I(4), (5), or (6). The core legal issues were whether the nominated occupation was listed on the Consolidated Sponsored Occupations List and whether the proposed occupational training was a structured workplace training program specifically tailored to the nominee's individual needs and designed to enhance their existing skills.

The Tribunal reasoned that the nominated occupation, described variously as 'Food and Beverage Team Leader' or 'Waiter', was not listed on the Consolidated Sponsored Occupations List, thus failing a primary criterion. Furthermore, the training plan was found to be generic, lacking evidence of assessment of the nominee's specific training needs or how the program would build upon their current skills and education. The Tribunal concluded that the applicant had not provided sufficient evidence to demonstrate that the training was structured, tailored, or met the nominee's specific needs, nor was there evidence that the training was required for mandatory registration, membership, or licensing.

Consequently, as the applicant failed to meet the criteria under sub-regulations 2.72I(4) and 2.72I(5), the Tribunal found that the applicant did not meet the overall criteria for nomination approval under regulation 2.72I. The decision to refuse the nomination was therefore affirmed.