EUGENE CHO PTY LTD (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by Eugene Cho Pty Ltd concerning the approval of a nominated position for a Cook under the Temporary Residence Transition stream of the Employer Nomination Scheme. The applicant sought review of a delegate's decision to refuse to approve the nominated position.

The primary legal issue before the Tribunal was whether the nominated position for a Cook met the relevant training benchmarks as required by migration regulations. Specifically, the Tribunal had to determine if the employer had fulfilled its training commitments and obligations, thereby satisfying either Training Benchmark A or Training Benchmark B, to enable the approval of the nominated position.

The Tribunal's reasoning focused on the interpretation and application of the training benchmark requirements. It examined the evidence presented by Eugene Cho Pty Ltd regarding its training activities and obligations. The Tribunal applied the principles established in migration law concerning the assessment of training benchmarks, considering whether the employer's actions constituted a genuine and compliant effort to train Australian workers. The Tribunal found that the employer had not met the requirements of either Training Benchmark A or Training Benchmark B.

Consequently, the Tribunal affirmed the delegate's decision to refuse to approve the nominated position.